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a) A child born from the sperm of a Jewish male and the egg of a Jewish female, who was carried by a surrogate who was not Jewish and then raised by her Jewish biological parents.
b) The child of a biological father who was not Jewish and a biological mother who was not Jewish at the time of conception but who had a traditional Jewish conversion two days before giving birth to the child, who is adopted at birth and raised by parents who are not Jewish.
c) The biological child of a Jewish father and a mother who is not Jewish at the time she gives birth but later converts to Judaism, who is raised as a Jew by his biological parents.
In fact, only the child in (b) is considered Jewish according to halacha. The only factor that matters in determining the Jewish “status” of a child is the religion of the woman who gives birth to the child at the time she gives birth. Whether the biological father is Jewish; whether adoptive parents are Jewish; whether a biological mother is Jewish if she is not the one who gives birth to the child; even whether the child is raised as a Jew…all of these factors are not relevant in determining whether the child is Jewish according to halacha. (For discussion of this issue by a Conservative Rabbi CLICK HERE.)
The issue of “Who is a Jew?” can be confusing; it can seem illogical, and at times unfair. Due to the traditional Jewish rule of “matrilineal descent,” when a birth-mother is Jewish—regardless of how (or by whom) the child is raised—the child is Jewish according to halacha. But when the father is Jewish (or, in the case of adoption or surrogacy, both parents may be Jewish) but the birth mother is not Jewish, even if the child is raised as a Jew, he is not Jewish according to halacha.
Nancy and Drew (not their real names) were aware of the traditional Jewish requirement of matrilineal descent when they sat in my office recently, Nancy six months pregnant with their first child, a girl. Drew, who is Jewish, and Nancy, a practicing Catholic, had decided that any children they had would be raised as Jews. “So,” Nancy said to me, her hand resting on top of her growing belly, “how long after the baby is born should we take her to the mikveh (the ritual bath which is used for conversion to Judaism)?”
As a Reform Rabbi, I was somewhat taken aback by Nancy’s question. It has been years since the Reform Movement began recognizing “patrilineal descent” (i.e., the child can be recognized as a Jew if the father is Jewish, even if the mother is not Jewish). Drew grew up in a Reform synagogue, and he and Nancy had even begun to discuss joining a local Reform synagogue, where nobody would ever question the Jewishness of their daughter. Why, I wondered, did they feel a need to convert their daughter to Judaism when she would already be Jewish? To me, a conversion would be not only unnecessary, but problematic, since it would imply that the baby wasn’t “really” Jewish even though Drew was Jewish and she would be raised as a Jew.
And so I asked the couple why they wanted to convert their daughter, since it wasn’t necessary. Their response was simple and practical: “What if we end up at a Conservative synagogue one day, or what if our daughter grows up and wants to be married by a Conservative or Orthodox rabbi? We wouldn’t want her to feel that her being Jewish is in question, so we figured it’s best to ‘cover all of the bases’ while she’s a baby. This way, more people will consider her to be Jewish.”
I understood where they were coming from. After all, if they decided at some point to join a Conservative synagogue—even one that was very welcoming of interfaith families—since “patrilineal descent” isn’t recognized by the Conservative movement, their daughter might be allowed to be enrolled in Religious School without converting, but she would have to convert before being allowed to become a
I understood and respected their motivation to shield their daughter from the potential future pain of having her Jewishness questioned…of being told by others that because her mother wasn’t Jewish, she wasn’t Jewish, even though she’d been living as a Jew her entire life and had always identified as a Jew. My own daughter, simply because she was born to a Jewish mother, will never have to endure such painful questioning of her identity by others; why should Nancy and Drew have to worry that their daughter would have to deal with such questioning?
But still, I felt that by embracing Nancy and Drew’s “solution” to “convert” a child that I would already consider Jewish, I wouldn’t be holding true to my belief in the legitimacy of “patrilineal descent.” And so while I acknowledged the benefits of the couple “converting” their daughter while she was still a baby, I also expressed my concerns.
Whether Nancy or Drew will take their daughter to a mikveh for conversion while she is still a baby is their decision to make, and I will honor whatever decision they come to. But it saddens me that they have to make such a decision: choosing between their own liberal Jewish beliefs and the desire for their daughter to be recognized as a Jew by the larger Jewish community.
What would you do in Nancy and Drew’s situation? Would you take your child to the mikveh? What if the child were adopted and neither of the biological parents were Jewish?
Well, I went to the water one day to pray.
As a Jewish woman who feels deeply rooted in her African- and Native-American family’s heritage, the famous Negro spiritual “Wade in the Water” holds multiple and profound layers of visceral meaning for me. It was a central component of an alternative Rosh Hashanah ritual I created and observed in Washington, DC’s Rock Creek Park a couple years ago. And a couple years before that, “Wade in the Water” was bittersweetly at the heart of a soft-spoken, yet powerful conversation between Alana, a dear friend of mine from college, her Hungarian-Jewish grandmother and me in her grandmother’s home in Mayen, Germany.
The classic spiritual was originally among a number of songs used as vocal instructions sung in the cotton fields to help fugitive slaves navigate the treacherous, but ultimately liberating path of the Underground Railroad.
One night during a five-day layover in Germany in 2009, Alana shared with me that the “Wade in the Water” segment of Alvin Ailey’s famed “Revelations” dance sequence was once playing on her grandmother’s television. She explained to her grandmother, a Holocaust survivor, how enslaved African-Americans used the song to escape from slavery. After a few moments of silence, her grandmother began crying as she asked Alana, in German, “Why didn’t we think to do that?” With Alana’s permission, I gently broached the subject with her bubbe a couple days later. What ensued was one of the most meaningful conversations of my life.
Black people, my people, literally found their way to freedom through song. Similar to making aliyah or immersing oneself in the mikveh, song is a spiritual vehicle that guides and elevates both individuals and communities to higher ground. The Jewish people, also my people, are well-versed in spiritual elevation, as well as immersion. It is embedded in the mundane to mystical elements of our religion.
One of the nicest ways that spiritual immersion is still alive and thriving in the Boston area is found at Mayyim Hayyim. Now in its 10th year of existence, the Mayyim Hayyim Living Waters Mikveh and Paula Brody & Family Education Center is a community mikveh that has stayed true to its mission of reclaiming and reinventing one of Judaism’s most ancient rituals—immersion in the mikveh. Mayyim Hayyim has brought this sacred tradition to life by encouraging its traditional, as well as creative contemporary spiritual use. Each year the center teaches thousands of interested visitors. And on a daily basis, it models how to make the mikveh a sacred space that is open and accessible to all Jews and those who are becoming Jews. This was the vision of Mayyim Hayyim founder and acclaimed author Anita Diamant.
As Mayyim Hayyim’s founding executive director Aliza Kline once stated, “The explicit mission of Mayyim Hayyim is to provide a space that is warm and welcoming of the broadest sense of the Jewish community.” In a world where not enough Jewish communal spaces fully embrace interfaith families, let alone the rest of the Jewish community’s expansive diversity, the Newton-based non-profit stands in a distinctive category of its own. It has become a destination for interfaith families and Jews across the spectrum of observance and affiliation. Mayyim Hayyim actively welcomes interfaith, multiracial and LGBTQ members and families.
“Wade in the Water,” along with many other songs and poetry from Jewish and other spiritual traditions are resources Mayyim Hayyim has available for visitors of their mikvehs to use as they feel inspired.
Whether you are undergoing conversion, a life cycle event or a personal journey of healing or transformation, I recommend you schedule a visit to Mayyim Hayyim Living Waters Mikveh.