Surrogacy Insights
In Israel, the Carriage of Fetuses (Approval of Agreement and Status of the Newborn) Law, 5756, mandates strict regulation of surrogacy. Under this law, a state-appointed committee, the Fetus Carriage Agreement Approval Board, approves every contract.
Surrogacy within Israel
Surrogacy within Israel is strictly regulated and is only available to Israeli citizens. The surrogacy arrangement must be pre-approved by the Committee for Approval for the Carriage of Fetuses. In addition, there are strict requirements regarding who can participate in surrogacy.
Committee Approval
The committee consists of seven members:
- Two physicians with the title of specialist in obstetrics and gynecology (OBG-YN)
- A physician with the title of specialist in internal medicine
- A clinical psychologist
- A social worker
- A public representative who is a jurist
- A religious official of the religion of the parties to the agreement
- Open to residents only.
- Parties must be of the same religion.
- Open to heterosexual, gay, and single parents.
Requirements for Participation
- The surrogate cannot be genetically related to the egg she carries.
- Surrogate may participate in a maximum of three surrogacy procedures, but no more than two births.
- The parties must be Israeli citizens.
- A single intended mother can participate in surrogacy.
- The intended parents must be over 18 years old but younger than 54. However, the Committee may consider special cases where the age of one intended parent is over 54 years.
- If the intended mother uses her eggs, she must be below the age of 43 years.
- At least one intended parent must be genetically related to the child.
- The intended parents can not have more than two children together.
- The surrogate must be of the same religion as the intended parents. However, if the parties are not Jewish, the Committee may deviate from this so long as this deviation is approved by a member of the board who is a religious official.
- If two male intended parents are involved, their sperm cannot be mixed when fertilizing an egg.
Surrogacy outside of Israel
Upon returning home, Israeli parents who use surrogacy abroad will face several hurdles. While the child may be recognized as theirs in the birth country, they must register the child as an Israeli citizen within 30 days of birth. This process requires the child’s original birth certificate with an Apostille stamp.
Applicants must personally apply at either a Population and Immigration Authority office in Israel or an Israeli mission abroad. If the applicant is under 18, the child need not accompany them, except when the applicant requests an ID, passport, or travel document.
Despite the complexities, many Israeli couples pursue surrogacy abroad to fulfill their dreams of parenthood.
Future Legal Developments
2021
(HCJ 781/15 Itai Arad-Pinkas v. the Committee for the Approval of Agreements for Surrogacy)
In July 2021, Israel’s Supreme Court ruled that surrogacy arrangements for same-sex couples and single men must be lifted within six months, ending an 11-year legal battle. The court’s decision was petitioned by gay rights activists, who had demanded that the ban on surrogacy for same-sex couples and single men violate their rights.
