Surrogacy in Israel

As per a recent amendment in the Surrogacy laws in Israel, every individual (local or foreigner) may pursue surrogacy within the legal territories of the country regardless of their sexual orientation. While surrogacy for heterosexual couples was already permitted in the country, this recent amendment has paved the way for surrogacy for LGBT couples in Israel too.

Still, being an intended parent, you must take a deep and thorough understanding of the surrogacy laws in the country before taking the next step. Besides, our professionals at Surrogacy Consultancy would be by your side during every step of your surrogacy journey in the country.

Is surrogacy legal in Israel?

As mentioned earlier, surrogacy is legal in Israel. That said, the intended parents are advised to go through the below mentioned elements of surrogacy laws in Israel before taking the next step forward.

Legal recognition of parenthood in Israel is accomplished through various forms of judicial orders:

When necessary, a declaratory court ruling recognizes biological parenthood.
The Adoption of Children Law 5741-1981 recognizes parenthood through adoption through a constitutive judicial adoption order.
The Agreements for Carrying of Embryos (Approval of the Agreement and Status of the Infant) Law 5756-1996 recognizes parentage by gestational surrogacy in Israel through a constitutive judicial parenthood order.

The definitions of “designated parents” and “designated single mother” in Article 1 of the Arrangements Law will be removed in order for the Law to be read in such a way that single men and same-sex couples will not be excluded from surrogacy arrangements. So, we can affirm that you can proceed with surrogacy for gay couples in Israel without any legal complications.

The Surrogacy Arrangements Law, as well as the relevant sections of the Egg Donation Law, 5770-2010, should be interpreted in accordance with the concept of equality and two criteria: A. Any interpretation that undermines the rights to equality and motherhood, denying same-sex couples and single males the opportunity to establish surrogacy agreements, must be avoided. B. The arrangement’s terms are to be applied equitably in so far as practicable, with any necessary revisions.

The amendment and repeal of these definitions do not affect the overall legal framework of the Surrogacy Arrangements Law and the Egg Donation Law, and the expansion of surrogacy arrangements in Israel does not negate the purpose of surrogacy procedures in Israel or their medical significance for women.

In accordance with the Supreme Court’s judgment and the adjustments above, the Committee for the Approval of Arrangements for Surrogacy’s guidance and the wording of the forms used to file requests with the Committee have been changed and modified.

Recognition of International surrogacy as per Surrogacy laws in Israel

As far as International surrogacy is concerned, the former requirement for an adoption court order was replaced with a judicial parenthood order, according to the Ministry of Interior et al (28.1.2014). The best interests of the child must be considered by the court when making a judicial parenting order, and a social services review may be required to do so. The social services evaluation is identical to that necessary for adoption, although it is much quicker and the kid is not registered as adopted.

In addition, during surrogacy for same-sex couples in Israel, the biological mother’s partner can be recognized as a parent of the child by a judicial parenthood order based on the partners’ relationship and certain additional criteria, rather than having to officially adopt the child as required by the previous legal arrangement. In this instance, a social services review may be necessary.

A shared initial intent to raise the kid must also be established before a judicial parentage order may be granted. Note that the order can only be made if the parents are unaware of the identity of the sperm donor.

In addition, both in the state of origin and the receiving state, it is necessary to clarify the child’s legal status (to determine who the child’s legal parents are) in order to avoid situations in which children are unable to leave the state of origin or enter the receiving state for long periods of time.

Surrogacy laws in Israel ensure that surrogacy procedures include a guarantee that at least one of the Israeli parents shares a genetic link, in order to avoid violations of international conventions such as the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography and the Hague Convention on the Civil Aspects of International Child Abduction.

In accordance with Section 4(a)(2) of the Citizenship Law 5712-1952 (hereinafter: the “Citizenship Law”), a newborn’s status in Israel is granted and her/his entry into Israel is permitted only when genetic connection to the Israeli citizen-parent is proven.

Pre-requisites of the surrogacy arrangement in Israel

Section 5 of the Amendment No. 2 of the Agreements for Carrying of Embryos (Approval of the Agreement and Status of the Infant) Law 5756-1996 on July 17, 2018, establishes precise requirements for surrogate mother and intended parents’ qualification throughout the Law, including age limits and the absence of a criminal background. The law applies to heterosexual couples and single mothers who are unable to bear children due to a medical condition.

How can we help?

At Surrogacy consultancy, we are a group of expert professionals that are backed with years of experience and expertise in helping prospective parents realize their parenthood dreams without any inconvenience.