Surrogacy Attorneys
Surrogacy: a welcome alternative to start a family
God blessed them. God said to them, “Be fruitful, multiply, fill the earth, and subdue it. Have dominion over the fish of the sea, over the birds of the sky, and over every living thing that moves on the earth.” (Genesis 1:28)
By Igal Mor, Adv. & Notary
Accuracy in Legal Advice. Excellence in legal support.
During their last meeting with the fertility doctor, David and Tehila, a couple in their 50s, were informed that after 25 years of complex and painful fertility treatments, Tilah would not be able to conceive.
Yehiel and Mazel, a couple in their 30s, were informed that due to a complication that arose after the birth of their firstborn son, Mazel would not be able to conceive again.
David and Rachel, a young couple who are interested in getting married, went to a consultation with Rachel’s gynecologist in order to examine alternatives whereby the couple could have a child. Rachel was born with Mayer-Rokitansky syndrome, a syndrome characterized by underdevelopment of the female reproductive system. The abovementioned syndrome leads to cases in which a woman is able to produce eggs but has no uterus: hence Rachel will not be able to carry a pregnancy.
Tehila, Mazel and Rachel came to meetings in my office in Jerusalem together with their husbands in order to receive legal assistance to establish their family through a surrogate mother. nowadays, more and more women find the surrogacy procedure an increasingly practical option.
The mitzvah of fertility and procreation is the first mitzvah in the Torah and was written immediately after the description of the creation of man, further elaboration on this mitzvah is found in “Sefer ha-Chinuch”, which states that it is “a great mitzvah for which all the mitzvahs in the world are fulfilled..”. Rachel expressed a woman’s existential need to give birth in her words to Jacob; “And she said to Jacob, ‘“Give me children, or I shall die.'” (Genesis 30:1).
Many couples find themselves in a difficult and complex personal and medical situation during which they find it difficult to conceive and give birth. Therefore, these couples require the assistance of a surrogacy procedure. Most couples have a long history of complex and sometimes exhausting fertility treatments due to various medical issues that can arise in either partner.
What is surrogacy?
Surrogacy is a realistic way to give birth to a child through, and with the help of another woman who serves as the one who carries the pregnancy and gives the baby to the intended parents (who are his biological parents), immediately after the birth.
Surrogacy is a very effective option that allows straight or same-sex couples, as well as single women and men who, for various and objective reasons, cannot conceive, bring a baby into the world in order to start, or expand their family.
Why turn to a surrogacy procedure?
Surrogacy is an effective way in which at least one partner is the biological parent of the child that is born, and in most cases where the spouses are heterosexual, both spouses are the biological parents of the child. This is a great and worthy method that allows women and men to realize their dream of being parents to a child that will be related to them genetically.
Surrogacy is even allowed according to Jewish law
The surrogacy procedure contains many important halachic questions, the main question is what is the position of Jewish halachic law towards the procedure? What are the conditions for undergoing the surrogacy procedure according to the Halacha? Who is the mother of the baby? The surrogate who carried the baby? or the woman who’s egg was used? Is the baby born Jewish? And what is the answer to the previous question if the surrogate who carried the pregnancy is not Jewish? Is there a need to convert the baby that is born through a surrogacy procedure?
Of course, the Jewish Halacha has already discussed and dealt with these religious and moral questions on numerous occasions. As lawyers who have accompanied many surrogacy procedures, we consult with various rabbinic authorities, specifically and most oftenly with rabbis of the Puah Institute in Jerusalem who deal with this particular topic on a daily basis.
In principle, we can say with full confidence that the procedure of giving birth to children using a surrogate mother is a procedure that is recognized according to Jewish law and is permitted with various caveats. Many well-known Rabbis have deemed the procedure as lawful (according to Jewish law), both in Israel and abroad. Some Rabbis don’t even assign any importane to the religion of the surrogate mother. Their approach is that the child is the son/daughter of the woman who gave the egg, and the baby’s genetic link is to her. It is important to note that in every surrogacy procedure where the couple is religious Jews (and that we accompany legally), the procedure is examined according to the needs of the couple. After this examination a unique permit is given to the couple to carry out the procedure according to the conditions of the given permit. Also important to note is that the law in Israel (the law for carrying embryos – 1996, known in Israel as the Surrogacy Law) is a very advanced law in relation to the countries of the world, and for the most part is adapted to the requirements of Jewish law.
Attorney Liat Kreskas from our office helps couples who wish to carry out the procedure while adhering to Israeli tradition and for this purpose works directly with the Puah Institute.
Surrogates in Israel
The surrogacy procedure in Israel is anchored as mentioned above in the surrogacy law. The law establishes the conditions for holding a surrogacy procedure in Israel. The law is intended for heterosexual couples, married or cohabiting couples only. According to the law, the surrogate must be of the intended mother’s religion, there is a preference for the surrogate to be an unmarried woman, it is forbidden for the surrogate and one of the intended parents to be related by blood, the sperm used for fertilization must belong to the intended father and, lastly, the pregnancy will be achieved by medical means only.
The cost of a surrogacy procedure in Israel ranges from approximately 220,000 – 250,000 NIS, with approximately 160,000 – 170,000 NIS being the total payment accepted by the surrogate, the remaining payments are intended to cover additional expenses and related medical and psychological tests.
Who may apply for a surrogacy procedure in Israel?
Spouses (either married or common-law spouses) or single women who have been informed that they are not able, medically, to become pregnant and give birth, when the age of the intended mother: shall not exceed 53 years at the time of submitting the documents to the committee and shall not exceed the age of 54 at the time of signing the agreement to carry embryos.
Surrogates in the world
Many Israelis who are not entitled to carry out a surrogacy procedure in Israel such as: same-sex couples, women or men, spouses who are older than the maximum age set by law, those who have difficulty finding a surrogate who meets the criteria in Israel, or those who have difficulty meeting the cost of the procedure in Israel, can apply to carry out the procedure abroad .
The surrogacy procedure abroad is inherently different from country to country, each country has a different set of laws and a different health-care system, therefore, the costs vary. In the past, surrogacy procedures were very popular in the countries of the Far East, such as India and Nepal due to the relatively low costs because of the immediate availability of surrogates. However, the procedure in these countries is now closed to foreign nationals. Today, the procedure is not even legal in those countries.
Hence, when it comes to recommending a country to spouses/single men or women to go to in order to carry out the procedure, one must receive all the details so an informed decision can be made, a decision that avoids certain difficulties and problems that could cause the procedure to fail, as well as money loss and further stress.
| USA | Canada | Georgia | |
| Who is allowed surrugacy? | Married and unmarried couples | Married and unmarried couples | Married couples and common-law spouses. |
| same-sex couples | same-sex couples | ||
| singles | singles | ||
| Price range (in dollars) | $120,000-200,000 $ | 55,000-75,000 $ | 45,000-65,000 |
| Availability of a surrogate | 2 months to 6 months waiting duration | 3 months to 6 months waiting duration | immediately |
All prices are in US dollars
Choosing a surrogacy route
With the selection of the appropriate surrogacy route, we enter a rapid series of medical and legal examinations, contact with a surrogacy agency, selection of a surrogate, sometimes a selection of an egg donor, selection of a fertility clinic, etc.
Tehila, Mazal and Rachel, along with their husbands, are now parents. David and Rachel contacted us again recently in order to start another surrogacy procedure.
Contact us for advice and legal support. We have extensive legal knowledge and experience in the fields of surrogacy. We can assist you.
There ins’t a more gratifying field of law than accompanying couples in surrogacy procedures, every baby born is a real creation, every baby born is tikkun olam, we are blessed that we get to help.
An example of the questions we are asked in a surrogacy consultation:
What exactly is surrogacy and how do you start the process?
How much does surrogacy cost in Israel?
How much money does a woman get for agreeing to act as a surrogate?
Is surrogacy legal in Israel?
Is surrogacy allowed according to the Halacha?
What tests should be performed for surrogacy?
Am I entitled to financial help for surrogacy?
Can gays do surrogacy in Israel?
Does the state finance surrogacy?
Are surrogate children Jewish?
Is surrogacy allowed in Israel with sperm donation for a married couple?
How long does it take to confirm arrival in Israel for surrogate babies?
How long does the surrogacy process take?
Where is better surrogacy in Israel or abroad?
Who is the population that uses surrogacy services the most?
How much does surrogacy legal support cost?
Which surrogacy agency should we contact?
What is the role of an attorney in legal support in a surrogacy procedure?
What is the process of a judicial parental order?
What is a judicial parental order?
Why do you need a DNA test after the birth and before you return to Israel?
How can surrogacy be done according to Jewish law?
Should a child born from surrogacy be converted?
