הפלה במקרה של תינוק IVF פגום

Kvod Harabonim,

My name is Rabbi Gidon Fox. I am a Rav in Melbourne Australia, and work, inter alia with the Melbourne Beis Din. I am also the Rabbinic Administrator of Shifra, a local organisation which works together with and is in some ways a sister organisation to Machon Puah in Israel. We provide Halachic supervision and counselling for couples undergoing fertility treatment. Indeed, I have just returned from Israel where I attended the annual conference of Machon Puah as well as spending some time in their offices and clinic.

It is in this last capacity that I am referring to you. I did in fact contact Rabbi Peleg, who did not wish to pasken the following Shalo for me. He counselled that I should contact certain other rabbonim, however, due to the pressing nature of the matter I am referring to you for a psak in this very difficult issue as time is critical. I assure you that any psak rendered shall not be disseminated inappropriately.

I was involved in providing supervision for a couple undergoing IVF. 11 weeks ago today we transferred two embryos. Upon the first ultrasound, it was found that they had two sacks, one with and one without an embryo. Upon the second ultrasound they found that there were indeed two embryos. The one was now seven days behind in development and the other appeared to have a lump at the base of the spine. They went for a third ultrasound at which point it was determined, that the older fetus, the one with the lump had spina bifida and that the other foetus was 11 days behind in development. They did a CSV, however, the results of which will only be available in two weeks time. They also did a FISH test, the results of 70% of the matters tested for will be available on Monday.

The couple want to know whether they can abort either or both foetuses. As you can see, times crucial and I would appreciate a timely response ASAP. Should you wish you can contact me on my mobile phone, the number of which is to be found below.

As it will be Shabbos here in two and a half hours, I would appreciate a response ASAP.

Regards,