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Surrogacy laws in Israel

Surrogacy laws in Israel are quite supportive to the intended parents and recently, the government has even permitted surrogacy for LGBT couples in Israel in a landmark decision. Still, before going any further with your surrogacy journey in the country, you must read through every aspect and element related to surrogacy in Israel.

Understanding the Surrogacy laws in Israel

Under the Embryo Carrying Agreements Law, the Israeli government approved gestational surrogacy in March 1996. With the passage of this law, Israel became the first nation in the world to put into practice a form of state-controlled surrogacy in which every single contract requires state approval.

Only Israeli citizens who practice the same religion are allowed to file surrogacy agreements initially, according to a state-appointed committee. Some intended parents have turned to surrogates outside of Israel as a result of the numerous limitations on surrogacy imposed by Surrogacy laws in Israel

The Israeli Supreme Court declared the ban on same-sex couples entering surrogacy agreements to be discriminatory in February 2020, giving the government a year to change the law. 

The Supreme Court then issued a second decision in July 2021 declaring that laws prohibiting same-sex couples and single men from becoming parents through surrogacy would be overturned within six months. Nitzan Horowitz, the health minister, declared in January 2022 that beginning on January 11, same-sex couples, transgender people, and single men would be permitted to use surrogates.

Surrogacy laws in Israel: Key Points!

According to Surrogacy laws in Israel, a preconception agreement must specify payments to be made to the surrogate mother in Israel. Besides, relationships with family members for surrogacy are prohibited and Surrogacy for profit is both acceptable and encouraged.

There are many issues with the law and it is further questionable whether surrogate mothers’ consent is valid. So, by every means, possible psychological harm in the future is disregarded in the regulations and there is a risk that kids will be “commodified.” Another possible outcome is using low socioeconomic status women as breeding machines.

For an impaired child, the “intended parents” are not explicitly held accountable and the possibility of a divorce or the passing of the “intended parents” prior to childbirth is disregarded by the Surrogacy laws in Israel. Another social issue that requires attention is shared parenting. Currently, the husband’s sperm from the “intended parents” must be used, but additional actions may be taken. There is no guarantee that a “positive eugenics” policy won’t emerge.

Legal considerations in regards to surrogate mothers in Israel

The most comprehensive and in-depth piece of legislation on the regulation of surrogacy contracts in the entire world is Israel’s Surrogate Mother Agreements Act of 1996. Israel is the only nation where surrogacy is permitted, compensated for, and governed, despite the fact that many other nations have outlawed it. Many restrictions imposed by Jewish law are included in this unique piece of legislation (halacha). The time has come to explain how this law came to be since it is now celebrating its tenth birthday and has been instrumental in the birth of more than 100 children.

Besides, the internal politics and negotiations that resulted in the creation of the Surrogacy laws in Israel, beginning with the significant Israeli Supreme Court case of Nachmani v. Nachmani, which served as the impetus for the Israeli parliament to swiftly, enact a law turning surrogacy into a state-controlled process.

These narratives provide a more comprehensive understanding of the fundamental components of Israeli society that shaped the framework and acceptance of surrogacy while analyzing the feminist conundrums of the particular form that surrogacy took in Israel.

It further discusses the conflict between feminist and religious groups over the legal provisions and offers insightful explanations of how the interactions of the judiciary, parliament, feminist, and religious power brokers influenced the creation of special legislative action.

How we can help?

At Surrogacy Consultancy, we incorporate a team of professional legal experts that carry all the required knowledge and know-how regarding Surrogacy laws in Israel. So, you can stay assured of getting through every legal complication and consideration without any hassles

While our expert would be there to answer all your questions and doubts, you can proceed with your surrogacy journey without any second thoughts.

Contact one of our coordinators today to get a free consultation!

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