Israeli Family-Law Forum - Surrogacy/Fertility

Below are selected questions sent by readers on 'Surrogacy/Fertility' that we have chosen to answer. Further and more detailed information can be found on our main website, www.family-laws.co.il, at: http://www.family-laws.co.il/other-topics-surrogate-motherhood-fertility

No! Israeli law does not permit surrogacy in such conditions,and residency of both prospective parents is a precondition. Israeli legislation governing the process ,The Embryo Carrying Agreement (Authorization Agreement & Status of the Newborn Child) 1996 ,requires  both intended parents have to sign a declaration specifically stating that they are residents of Israel, so foreigners cannot use the services of an Israeli surrogate.

Surrogacy may be possible, however, regarding foreigners who are eligible to immigrate to Israel,under Israeli law, and would become residents as part of the process. Relocation abroad with their child later,may become  possible later,at some future stage. 

Yes! The minor child of an Israeli citizen is entitled to Israeli citizenship,even if the birth takes place abroad. It is vital for the Israeli father to be registered as the father on the minor's  foreign birth certificate.

As the surrogacy process and the birth took place abroad, and and was registered there, presumably in the country where the surrogate mother was a citizen, then, assuming that the whole process was legal,according to the law of the country involved, and used your own sperm, and the genetic material of a woman other than the surrogate, one would assume that some legal process actually took place in the courts of that country in which the surrogate mother relinquished all her guardianship or parental rights in the child, so that you, as the biological father, hold these legally, and exclusively, according to the relevant foreign law.

If this was indeed,so, and a valid judgment or legal decision was given abroad, granting you exclusive rights of guardianship and custody of the child,and even express permission to take him/her out of the country, then such a decision can,in principle,  be recognised in Israel, if it conforms to the requirements of the 1958 Recognition of Foreign Judgments Act. Without further details, and especially the name of the country involved, only a general answer can be given, as above.

 

No, not in Israel. However, one of them can become a biological mother by giving birth herself  using donated sperm, and her partner can apply to adopt the minor, under Israeli law.

Firstly, the child cannot be created using an egg from the surrogate mother, whose role is to offer the services of her womb during pregnancy. Either the egg or the sperm must be from the intended parents. For example, the intended mother can supply the egg, in which case the sperm must come from  the intended father , or a donor. Alternatively, the intended father can supply the sperm, in which case the egg must come from the intended mother, or be donated.

Yes ! The Embryo Carrying Agreement (Authorization Agreement & Status of the Newborn Child) 1996 does not discriminate between married and unmarried couples, providing the intended parents fulfil the other conditions required.

No ! Israeli surrogacy law prohibits an aunt from acting as surrogate, unless she is only related by virtue of adoption.

No - unless she is adopted, and not a blood relative ! The Embryo Carrying Agreement Act (Authorization Agreement & Status Of The Newborn Child) of 1996 prohibits a cousin from being a mother, unless she is related by virtue of being adopted.

In principle you are bound to hand over the baby after the birth, according to the surrogacy agreement  you sign. You are not entitled to change your mind without court permission. If, for example, after the birth you do  not want to hand over the baby, you must file your objection to court and ask for permission to retain the child. The court will then appoint a welfare officer to make a report and decide if there are new circumstances that justify you retaining the child.  You have a window of opportunity up until the court awards the intended parents a parental order.

They must apply to court to grant a parental order within seven days of the birth. The court will appoint a welfare officer to make a report and after receiving it will decide whether there has been a change of circumstances that justifies the mother withdrawing her consent. Once a parental order has been granted the surrogate mother cannot withdraw her consent.

A surrogate mother is not allowed to unilaterally withdraw the consent she gave in the surrogacy agreement  to  hand over the baby after birth. She can, however, ask for  court permission to withdraw it, and to keep the baby.  

No! Israeli legislation covering surrogacy specifically prohibits a sister acting as a surrogate mother, unless she is only related by virtue of being adopted.

Yes, surrogate motherhood and surrogacy are recognized in Israeli law,but restricted by and regulated in legislation,The Embryo Carrying Agreement (Authorization Agreement & Status of the Newborn Child) 1996.

No! Israeli legislation concerning surrogacy does not permit this, but if he succeeds in creating a child abroad, using his sperm, a donated egg and a surrogate mother in a country where this is legally permissible, and obtains a foreign birth certificate in which he is registered as the father, then he will be recognised as a biological parent under Israeli law.