Surrogacy in Israel
This service provides information on surrogacy in Israel and on applications to the National Supervisor for the Carriage of Fetuses Law at the Ministry of Health.
The Embryo Carrying Agreements (Agreement Approval and Status of the Newborn) Law 5756-1996 , allows entering into contracts between designated parents – spouses or individuals, at least one of whom has a genetic relation with the newborn, and a carrying mother (hereinafter: Surrogate) who agrees to conceive by way of an implantation of a fertilized ovum.
The Surrogate agrees to carry the pregnancy for designated parents and to return the newborn, after the birth, to the designated parents.
Recommendations for deciding and embarking on the process
- The process of applying for approval of a surrogacy agreement is long, sensitive and involves emotional and physical difficulties; it requires partnership, understanding and full agreement between the parties. Therefore, in making the decision on whether to embark on the surrogacy process, it is recommended to read and obtain advice from medical, legal and psychological professionals on the implications and complexity of the process and the dilemmas relating to it.
- It is advisable to share the experience with people who can be a source of support, such as family, close friends and people who have already been through this process.
- NOTE: follow the process described here, ignore other websites or information from a third party.
Information and Notices Regarding International Surrogacy
- The Ministry of Welfare and Social Security website has posted an updated notice regarding the surrogacy procedures for establishing parenthood in Northern Cyprus, effective 08/07/2024.
- The Unit for Coordinating the Fight Against Human Trafficking, Prostitution, and Polygamy has issued a notice on the Ministry of Justice website dated June 21, 2023, regarding surrogacy procedures in Northern Cyprus, Albania, and Kenya.
- Surrogacy Abroad, December 31, 2018 - Ministry of Foreign Affairs website
The Committee for Approval of Agreements for the Carriage of Fetuses
In accordance with the Law, an approval committee (hereinafter: the Approval Committee/the Committee) has been appointed by the Minister of Health, consisting 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
The Approval Committee's meetings shall be closed, and any information expressed or given within may not be published.
Legislation, the Director General Circular and the Approval Committee Notifications
In order to make the process of applying to the Committee easier, we recommend that you carefully read the information contained on this website, as well as the laws relating to this issue (HE):
- The Agreements for the Carriage of Fetuses (Approval of Agreement and Status of the Newborn) Law 5756-1996
- The Patient Rights Law, 5756-1996
- The Protection of Privacy Law 5741-1981
- The Ova Donation Law, 5770-2010
- Director General’s Circular No. 7/2021
- The Importation of Fertilized Ova from Abroad for the Purpose of the Implantation thereof in a Carrying Mother - extended until August 8, 2025
- International ova donation clinics accredited by the Israel Ministry of Health (Hebrew)
- Data on applications to the committee and the number of births from 1996 to 2023
The following can apply for a surrogacy process in Israel:
- Designated parents who are a couple, or an individual designated mother or an individual designated father.
- The designated parent, at the time of approval of the agreement, is at least 18 years old, and at least one of the designated parents is not over 54 years old (the Approval Committee may, in special cases, approve an agreement for the carriage of fetuses even if the condition on the maximum age of the designated parents is not met).
- At least one of the gametes (ovum or sperm) used for IVF is of one of the designated parents.
- The designated parents are Israeli residents.
- As for designated parents who are a couple – they do not have more than two children together, and as for an individual designated parent – they do not have more than two genetic children; for this purpose, "child" – whether or not he was born with the assistance of a surrogate, as a result of the performance of a carriage of fetuses agreement.
- The designated parents were not convicted, in Israel or abroad, of an offense, due to the nature, severity or circumstances of which there is a real concern that significant harm may be caused to the welfare of the child to be born; if any legal proceedings are pending against one of the designated parents, in Israel or abroad, in connection with such offense, the Approval Committee may postpone its decision until the end of such proceedings; for this purpose, "legal proceedings" – from the opening of an investigation under law.
- The Surrogate is of the same religion as that of the designated mother or the designated father; however, if all the parties to the agreement are not Jewish, the Approval Committee may deviate from the provisions of this section, in accordance with an opinion by the member of the Committee who is a religious official.
- If the designated parents are both men (or both designated parents have male gametes) – the sperm used for the fertilization shall be of one of the designated parents. Mixing sperm from both men in the same fertilization is not permitted, nor is a transfer into the surrogate uterus, in the same treatment cycle, of embryos from two designated fathers. If it is sought to perform different fertilization cycles with ova fertilized by different sperm, the Surrogate's consent thereto must be obtained in advance, as part of the agreement.
Use of the ova of a designated mother (or ova donor): shall be allowed in the case of ova retrieved before the age of 43 (when older, the chances of implantation decrease significantly).
The state of health of the designated parents shall be taken into consideration by the Approval Committee in examining their suitability for the process.
The required medical documents for a prospective mother
- An OB-GYN opinion or medical opinion (HE) specifying the reason for the prospective mother's inability to conceive and carry a pregnancy, or stating that a pregnancy may significantly endanger her health; paragraph 4(a)(2) of the Law.
Such an opinion shall be prepared by a specialist gynecologist, or a specialist in the relevant field. - A record of medical history from a family physician as to the state of health of the prospective mother.
An individual prospective mother shall also be required to provide the following documents:
- A document attesting to the source of the sperm to be used for fertilization.
- The ovum to be used for the performance of the agreement is hers (no use of an ovum donation shall be permitted).
- The following laboratory tests:
- Blood type
- HIV (AIDS) test
- Antigen for hepatitis B and C (HbSAg test)
- Syphilis (V.D.R.L.) screening test
The required medical documents for a prospective father
- An opinion by a family physician as to the state of health of the prospective father.
- A document attesting to the source of the ovum to be used for fertilization.
- The following laboratory tests:
- Antigen for hepatitis B and C (HbSAg test)
- A sperm test (spermogram) performed at a recognized institute
- HIV (AIDS) test
- Syphilis (V.D.R.L.) screening test
"Carrying mother" (Hereinafter: “surrogate”) - a woman who carries a pregnancy for the designated parents.
The surrogate must meet several conditions and submit medical documents.
The following must hold true for the Surrogate:
- Residence: the Surrogate is an Israeli resident.
- Age: at the time of approval of the agreement she is at least 22 years old and less than 39 years old.
- Marital status: the Surrogate is not married, or is married but:
- The Approval Committee has concluded that the designated parents have not been able, with reasonable efforts, to enter into an agreement for the carriage of fetuses with an unmarried surrogate.
- The implications of the carriage of fetuses process and the risks involved in the performance thereof have been explained to the Surrogate's spouse, and he/she has been afforded the opportunity to voice his or her position before the Approval Committee.
- The Surrogate has previously been pregnant and given birth other than as a surrogate, and her children have not been removed from her custody under any law.
- The surrogate has not been a surrogate more than twice, and has not given birth as a surrogate more than once, i.e., in any one of the following three cases, the agreement with the surrogate shall not be approved:
- Both processes ended in a birth.
- One of the processes ended with a birth and the other ended in the completion of 6 embryo transfers.
- Both processes were completed, and 6 transfers were performed in each.
- The Surrogate is in a normal state of health, she had no more than 4 childbirths, without complications and full-term, the newborns had a normal birth weight for the age of the pregnancy and no significant medical complications occurred during the pregnancy and childbirth.
- At the stage of the submission of the complete application, the time that has elapsed from the last birth was:
- In the case of a vaginal birth: at least one year (the commencement of the performance of tests/the collection of documents not before 11 months have elapsed from the birth).
- In the case of a C-section: at least 18 months (the commencement of the performance of tests/the collection of documents not before 15 months have elapsed from the C-section).
- The Surrogate is not a relative of any of the designated parents.
- All the medical tests are normal, as required by the Committee.
- The results of the required medical tests undergone by the Surrogate's spouse are normal.
The Surrogate must submit the following documents:
- A medical information summary by a family physician: a certificate stating that the Surrogate is in a normal state of health, and/or that she does not suffer from any morbidity which is liable to harm her and the fetus (operations, hospitalizations, treatment by medication or otherwise, smoking, overweight, drugs and alcohol).
- An opinion by a specialist gynecologist which shall include such opinion shall be in addition to Form 8 Declaration by an OB-GYN Specialist (HE):
- A summary of the Surrogate's obstetric history, pregnancies, births, miscarriages, abortions and high-risk situations and bed rests in previous pregnancies: if any occurred, please state the reason and the duration of bed rest, and attach relevant documentation from National Insurance.
- A clinical examination including an ultrasound scan of the small pelvis while stating the thickness of the endometrium (over 7 mm), in order to rule out any pathology of the uterus, such as congenital defects, incompetence of the uterine cervix, or uterine fibroids, which may disrupt the course of a pregnancy.
- The course and summary of births and discharge letters (copy).
- Pregnancy termination summaries: abortions and miscarriages (copy).
- Summaries of illnesses, operations and hospitalizations, if any occurred (copy).
- A medical certificate stating the Surrogate's weight, height, pulse and blood pressure.
- A breast examination by a surgeon and a breast ultrasound scan.
- Laboratory tests:
- Blood type + RH
- Blood count
- Creatinine
- Fasting blood sugar
- Antigen test for hepatitis B and C
- HIV (AIDS) test
- VDRL (TPHA)
- PT and PTT test
- Rubella Ig test
- PAP smear
- Declaration by an OB-GYN Specialist (Form 8), stating that the procedures, consequences and implications of the treatments, particularly the hormonal treatments the Surrogate would be required to undergo as part of the carriage of embryos process, and her suitability to the process, have been explained to her.
On this form, the physician shall also refer, in the explanations provided by him, the specific information of the designated parents, whose names shall be stated in the form:- The age of the designated mother, if the process is to be performed with her ova.
- Ovum donation, PGD.
- The manner of performance of the process: IVF, IVM.
- The manner of production of the ova: through hormonal stimulation or in a natural cycle.
- The chances, complications and risks of the process (e.g., preeclampsia, diabetes) and the performance of test during the process (such as amniocentesis and embryo reduction); potential risks and complications involving pregnancy of twins sharing a uterus as a result of fetal fraction
- A medical confidentiality waiver form (HE)
- Surrogate rights and direct contact with the Committee - Form 13
- A full psychological diagnosis, in accordance with the guidelines for writing a psychological opinion (HE)
A Surrogate who is married or has a partner must also submit the following:
- A psychological opinion for the spouse/partner, in accordance with the guidelines for writing a psychological opinion (HE).
- Record of medical history from the family doctor
- An HIV (AIDS) test.
- An antigen test for hepatitis B and C.
- An acknowledgment by the spouse/partner of receipt of explanations on the medical process, its consequences and implications, and a Form 8 (HE) signed by him/her.
- A VDRL (TPHA) test.
- She has given birth at least 5 times.
- She has given birth at least twice by C-section.
- The most recent birth was preterm – before 35 weeks of pregnancy, or the newborn's weight was low for the age of the pregnancy (IUGR).
- She suffered from a perineal tear of at least the third degree (3A tear category will be approved, 3B will not)
- She suffered from an ectopic pregnancy, whether before a surrogacy process or during a surrogacy process that had commenced after she had been found fit for such process.
- She has undergone operations which are liable to have implications on her health and on the course of a future pregnancy; such operation and the consequences thereof shall be examined on a case-to-case basis.
- She had undergone bariatric surgery, if she gave birth at least once afterwards – to be examined on a case-to-case basis.
- She had a miscarriage or abortion with a risk of incompetence of the uterine cervix.
- She suffers from a chronic disease which is liable to endanger her or the fetus.
- Her parents have type 2 diabetes, and the results of a 75g glucose tolerance test are pathological.
- She has suffered from gestational diabetes or high blood pressure during one or more of her pregnancies.
- She suffers or has previously suffered from high blood pressure.
- She suffered from preeclampsia during or after a second pregnancy; in the event of a first pregnancy, the matter shall be examined on a case-to-case basis.
- She suffers from obesity – a BMI of over 30.
- She suffers from genital herpes, condyloma acuminata, or HPV.
- Abnormal cervical cells changes.
- She has undergone conization
- A candidate, any of whose close relatives (grandmother/grandfather, mother/father, and sibling) has a history of breast or ovarian cancer, unless she delivers a genetic counselling certificate as to the risks involved in pregnancy.
- An Rh-negative blood type, with a positive Coombs test.
- She smokes or uses drugs or alcohol.
- She suffers from a personality disorder or mental illness and/or had undergone psychiatric hospitalization or is currently undergoing psychiatric treatment.
- She has previously suffered from depression or from post partum depression.
The application process is comprised of two stages, the first of which is defined as voluntary and will be possible under special circumstances.
The second stage is mandatory:
- Filing an application for an examination of the designated parents' satisfaction of the threshold conditions (HE) under the requirements of the law for the approval of a carriage of fetus's agreement. This stage is voluntary, and will be completed in special cases only.
- The goal of this step is to examine the prospective parents' compliance with the threshold conditions in accordance with the legislation before submitting a complete application that includes a contract with a surrogate and all relevant documentation. The committee will consider application to review prospective parents' compliance with threshold conditions only in exceptional circumstances when there is real concern about the prospective parents' eligibility for the procedure of surrogacy in Israel. There is no need to submit an application for a review of compliance with threshold conditions in cases where there is no doubt about the intended mother's medical inability to carry a pregnancy and there is a clear endorsement from the family physician to turn to surrogacy -- the committee will not discuss these cases.
- If it is a case of prospective parents or a single prospective parent suffering from a serious illness, or if there is a history of mental illnesses/disorders and/or psychiatric hospitalizations, it is recommended to apply for a review of compliance with the threshold conditions and the committee's procedures.
- The submission of a full application for a carriage of fetuses agreement.
An application for examination of entitlement (HE) to approval of a carriage of fetuses agreement shall be submitted to the Approval Committee together with the documents listed in the document "Applying to the Committee for an Examination of the Designated Parents' Satisfaction of the Threshold Conditions".
Explanations on the documents that must be submitted to meet threshold conditions
- A personal application letter by the designated parents, stating the reason for their applying to the Committee, their marital status (e.g., married or living under a cohabitation agreement, an individual declaring that he/she does not have a spouse or partner), age, status in Israel, religion and contact details, including: their address, telephone number, email address.
- For a designated mother – a medical opinion (HE) on her inability to conceive or carry a pregnancy, or stating that a pregnancy is liable to significantly endanger her health.
Such an opinion shall be prepared by a fertility and OB-GYN specialist. In case of any underlying conditions, an opinion by the attending physician who is a specialist in the relevant field must be attached (Form 6) (HE). - A summary of medical information by a family physician, as to the state of health of each of the designated parents.
- A statement as to the source of the sperm to be used for fertilization (the designated father/s, a sperm donor).
- For a designated parent by whose sperm the fertilization is requested to be performed – the results of a recent sperm test.
- A statement as to the source of the ovum to be fertilized (a designated mother, an ovum donor).
- A psychological diagnosis of the designated parents, such opinion must be made in accordance with the guidelines for writing a psychological opinion (HE).
- A waiver of medical confidentiality letter by each of the designated parents, signed before an attorney: waiver of confidentiality letter – designated mother (HE), waiver of confidentiality letter – designated father (HE).
- A photocopy of the identity cards of the designated parents – both sides of the card and an up-to-date addendum.
- A Population Registry extract for the designated parents.
- A Details on a Traveler Certificate for the past 5 years.
- Consent by the designated parents to the obtaining of a crime register report and police record from the Israel Police, for each of the designated parents.
Submission of the application
The documents should be sent, scanned as a PDF file to e-mail: [email protected]
If it is not possible to send the documents by e-mail, they should be sent by mail to:
National Coordinator for the Embryo Carrying Agreements Law, Ministry of Health 39 Yirmiyahu St., P.O. Box 1176, Jerusalem 9101002
Before the collection and delivery of the documents, please note:
- The application shall only be handled after the delivery of all the required documents to the Committee.
- The process is the same whether submitted privately or by an agency.
- The application and the attached documents must be submitted in accordance with the order of their appearance on the list of documents (please do not use a stapler to attach the application and the original documents).
- The application must be sent by mail, together with 3 additional copies of the original document (4 hardcopies in total), to the following address:
The National Supervisor for the Agreements for the Carriage of Fetuses Law, the Ministry of Health, 39 Yirmiyahu St., POB 1176, Jerusalem 9101002.
Alternatively, the application can be delivered by hand delivery, by making an appointment with the National Supervisor for the Agreements for the Carriage of Fetuses Law.
Submission of an application for approval of a full surrogacy file
List of the required documents (Hebrew)
Explanations on the document collection stages
- The Surrogate shall begin to undergo the medical examinations in accordance with the medical requirements for a surrogacy candidate (HE), and must obtain an examination certificate by a gynecology specialist. At the end of the examination, the physician must provide to the carrying mother explanations on the process, and fill out Form 8 (HE).
- After the physician certifies that the surrogacy candidate is medically suitable to the process, she must obtain a psychological opinion by a psychologist, for her and her spouse/partner, in accordance with the guidelines for writing a psychological opinion (HE).The purpose of the psychological diagnosis is to examine the
strengths and capabilities available to the surrogacy candidate for the carriage of fetuses process.
- Afterwards, an attorney who is knowledgeable and experienced in the field of surrogacy (the designated parents' advocate) must be contacted, for the purpose of the preparation of a draft agreement for the carriage of fetuses, expressing the relationship between the parties and the payment arrangements (guidelines on the legal aspects of an agreement for the carriage of fetuses, HE), and also for the purpose of signing affidavits: affidavit for the designated mother, affidavit for the designated father (Forms 2 and 3).
The designated parents and the Surrogate shall be represented by different attorneys, knowledgeable in the field of surrogacy in Israel.
The attorney who serves as the Surrogate's advocate must be knowledgeable and experienced in the field of surrogacy in Israel. The Surrogate shall choose her advocate, and his fees and expenses shall be paid by the designated parents.
Such attorney shall explain the process to the Surrogate and her spouse/partner, and fill out for her the Affidavit by the Carrying Mother (HE) and the Declaration by the Carrying Mother's Attorney (Forms 4 and 9) (HE).
It is recommended to read the documents about surrogate rights and how to contact the Committee directly: for surrogate see form 13 (Hebrew), for parents, see form 14 (Hebrew). - Next, an insurance quotation must be obtained from an insurance agent (Certificate of Provision of Explanations to the Carrying Mother on Life Insurance Form 10, HE). The surrogacy candidate must be informed that she must provide full and correct information, in order for the insurance policy to be valid.
- Form No. 1 (HE) Application for Approval of an Agreement for the Carriage of Fetuses – must be filled out, and a meeting must be held for a discussion on the parties' expectations from the process. List of Recommended Topics for a Discussion on the Parties' Expectations (Form 11).
- The designated parents can begin undergoing the tests and examinations in accordance with the medical requirements for designated parents, while the carrying mother undergoes the tests and examinations required of her.
- At this stage, a trustee must be chosen for depositing the consideration money for the process in a trust account, but the money must not be deposited yet.
- The Surrogate's spouse/partner must undergo the tests and examinations required under the Medical Requirements for a Surrogacy Candidate (HE).
The carrying mother's spouse/partner shall receive explanations on the medical process and its consequences, the agreement and its implications and the insurance policy, together with the surrogacy candidate, and he/she shall sign Form 8 (Declaration by an OB-GYN Specialist), Form 9 (Declaration by an Attorney who is the Surrogate's Advocate) and Form 10 (Certificate of Provision of Explanations on Life Insurance to a Carrying Mother), in the presence of the physician, the attorney and the insurance agent.
For the purpose of the submission of the application for approval of an agreement for the carriage of fetuses (surrogacy) to the Committee, all the required documents must be filled out and attached in 4 copies, and be delivered by mail or with a delivery person to the address stated in the "Place of Receiving the Service".
In addition, a scanned copy of the documents must be delivered by email to the address [email protected] in accordance with the scanning instructions.
The complete file must be scanned consecutively into three PDF files not exceeding 15 MB each, as follows:
- Joint Documents
- Form number 1 - Application for Approval of an Agreement for the Carriage of Fetuses
- Form 11 - List of Recommended Topics for a Discussion on the Parties' Expectations
- A draft agreement
- A brokerage agreement (if applicable)
- Letters
- Mutual Release Agreement (if applicable)
- Additional joint documents
- The prospective parents' documents:
- All the designated mother's documents (a photocopy of identity card, a Population Registry extract, a waiver of confidentiality letter, an affidavit, a crime register report and medical documents)
- All the designated father's documents (a photocopy of identity card, a Population Registry extract, a waiver of confidentiality letter, an affidavit, a crime register report and medical documents)
- All documents of both parents / single mother / single father as well as a psychological opinion of the prospective parents
- Documents of the Surrogate and her spouse/partner:
- All the Surrogate's documents (a photocopy of identity card, a Population Registry extract, an affidavit, a waiver of confidentiality letter, a divorce certificate (if any exists), a certificate of release or exemption from military service, medical documents, form 13 for surrogates, and an insurance quote)
- A psychological opinion, together with a psychogram
- The documents of the Surrogate's spouse/partner
- Tel.: 02-5080301
- Fax: 02-5655957
- Email: [email protected]
If there is no reply on the telephone you may send an email with a telephone number so that Ms. Dekel can get back to you.
Place of Receiving the Service
The application to the Committee is directed to the Chairperson of the Committee for Approval of Agreements for the Carriage of Fetuses, through Ilanit Ban-Hayim:
- By post:
Ilanit Ben-Hayim, National Coordinator for the Embryo Carrying Agreements Law, Ministry of Health 39 Yirmiyahu St., P.O. Box 1176, Jerusalem 9101002 - By phone: 02-5080301
- By fax: 02-5655957
- By e-mail: [email protected]
The process of approval of an agreement for the carriage of fetuses by the Committee (full file)
- The Committee shall examine the documents submitted for its inspection, hear all the parties to the agreement as needed, and may also, at its discretion, request any additional material from the parties and hear any other person. Likewise, sometimes clarifications of and amendments to the draft agreement shall be required, before it is approved. After the Committee has received the amended agreement and approved it, a date will be set for signing the agreement before the Committee.
- If the Committee concludes that all the conditions referred to in this procedure are satisfied, it may, after having considered all the information contained in the opinions, the documents and the statements made before it, approve the agreement for the carriage of fetuses.
- The parties shall sign the agreement for the carriage of fetuses in the presence of the Committee members. At this stage, the Committee shall authorize the commencement of the process.
- The Committee for Approval of Agreements for the Carriage of Fetuses may reevaluate its approval if any substantial change in the facts, circumstances or conditions that served as a basis for its approval occurs, as long as the fertilized ovum has not yet been implanted in the carrying mother.
The handling stages of the file by the Committee
- Examination of the documents: the documents sent to the Committee shall be initially examined by the National Supervisor for the Agreements for Carriage of Fetuses Law (sometimes the delivery of missing documents or clarifications may be requested, before the first session of the Committee).
A copy of the documents shall be sent to the members of the Committee before it begins its deliberations. - The first session of the Committee: the first session, in which the Committee considers the application, shall be held after all the documents have been delivered. Sometimes, following such session, additional documents and certificates may be required.
- Personal interviews: after the first session of the Committee, the surrogacy candidate and her spouse/partner, and sometimes the designated parents, shall be personally interviewed. Other interviews, deemed relevant, may also take place.
The purpose of such interviews is to examine the interviewees' suitability and consent to and the understanding of the process. - The decision of the Committee: the Committee's decision is made after consideration of all the information presented to it, including interviews held with the designated parents and the surrogacy candidate and her spouse/partner.
- Comments to the agreement: sometimes clarifications of and amendments to the draft agreement shall be required, before it is approved. Such comments shall be sent to the parties' attorneys. After the Committee has received the amended agreement, a date will be set for signing the agreement before the Committee.
- Signing the agreement before the Committee: the agreement for the carriage of fetuses shall be signed in the presence of the Committee members. At this stage, the Committee shall authorize the commencement of the process
The following is a collection of relevant sections from the Agreements for the Carriage of Fetuses (Approval of Agreement and Status of the Newborn) Law, 5756-1996 (HE)
- The agreement for the carriage of fetuses contains provisions under which the IVF procedure for the implantation of a fertilized ovum in the carrying mother, such implantation in the Surrogate and the carriage of the pregnancy for the designated parents and the birth shall only be performed in Israel; however, the Approval Committee may approve that the pregnancy be carried, in part, outside of Israel, if there are reasons justifying it, and on such conditions as it may prescribe.
- All of the parties made the agreement for the carriage of fetuses voluntarily and of their own accord, and with an understanding of its meaning and consequences.
- No danger to the health of the Surrogate appears to exists, and the agreement for the carriage of fetuses stipulates that no more than six attempts shall be made to implant the fertilized ova in the Surrogate.
- No danger of harm being caused to the best interests of the child that will be born appears to exist.
- The agreement for the carriage of fetuses does not include conditions that harm or disadvantage the rights of the child that will be born or of any of the parties.
- If the Approval Committee approves an agreement for carriage of fetuses, the parties shall sign it before the Committee; any change in the agreement requires the approval of the Committee.
- If the Approval Committee rejects an agreement for carriage of fetuses, it shall give reasons for its decisions, in writing.
- If the Committee rejects such application due to a condition relating to the designated parents, it shall consider an additional application submitted by such designated parents only after at least two years have elapsed from the date of rejection of the application, unless any material change occurs in the facts, in the circumstances or in the conditions on which the said decision by the Committee is made.
- If any change occurs in the details provided by the Surrogate or the designated parents to the Approval Committee, and the fertilized ovum has not yet been implanted in the Surrogate in accordance with the agreement for the carriage of fetuses, they shall notify the Approval Committee of such change as soon as possible.
- The Approval Committee may reevaluate its approval if any substantial change in the facts, circumstances, or conditions that served as a basis for its approval occurs, as long as the fertilized ovum has not yet been implanted in the carrying mother in accordance with the agreement for the carriage of fetuses.
- No person shall enter into an agreement for the carriage of fetuses that was not approved by the Approval Committee, and no person shall perform an agreement that was not approved by Approval Committee or other than in accordance with the provisions of the approved agreement or the conditions of such approval.
- The Approval Committee may approve conditions in the agreement, concerning monthly payments to the Surrogate for covering actual expenses involved in the performance of the agreement, including expenses for legal advice and insurance premiums, and also as compensation for loss of time, suffering, loss of income, temporary loss of earning capacity, or other reasonable compensation.
- A party to an agreement for the carriage of fetuses or any person who wishes to be a party to such agreement, shall not accept or give any consideration in money or money's worth for the performance of such, otherwise than with the approval of the Approval Committee.
Forms
- Form No. 1: Application for Approval of an Agreement for the Carriage of Fetuses
- Form No. 2: Affidavit by the Designated Mother
- Form No. 3: Affidavit by the Designated Father
- Form No. 4: Affidavit by the Carrying Mother
- Form No. 5A: Waiver of Confidentiality Letter by a Designated Mother
- Form No. 5B: Waiver of Confidentiality Letter by a Designated Father
- Form No. 5C: Waiver of Confidentiality Letter by a Carrying Mother
- Form No. 6: Opinion by an Obstetrics, Gynecology or other Medical Specialist - the Designated Mother
- Form No. 8: Declaration by an OB-GYN Specialist - the Carrying Mother
- Form No. 9: Declaration by an Attorney who is the Carrying Mother's Advocate
- Form No. 10: Certificate of Provision of Explanations on Life Insurance to a Carrying Mother
- Form No. 11: List of Recommended Topics for a Discussion on the Parties Expectations
- Form No. 12: Consent by Designated Parents to the Obtaining of Information from the Crime Register
- Form No. 13: Your Rights as a Surrogate and Direct Contact with the Committee
- Form No. 14: Your Rights as Parents and Direct Contact with the Committee
The Committee's Guidelines and Other Files in Various Fields (Medical, Legal, Psychological, etc.)
- The List of Documents for Submitting a Complete Case
- A Sample of the Trustee's Approval for Opening a Trust Account
- Medical Requirements from the Designated Parents
- Preparing of the Documents Required for Submitting the Application for the Approval of the Embryo Carrying Agreement
- List of Documents Required at the Signing of the Agreement
- Guidance: Towards the Delivery
- Mutual Release Agreement
- Procedure for the Activity of the Committee for the Approval of the Embryo Carrying Agreements
- Guidelines for Writing Psychological Opinions
- Instructions for Scanning the Case
- Assessing Whether the Candidate Parents Are in Compliance with the Terms of the Agreements Law
- Legal Aspects of Gestational Surrogacy
- Medical Requirements from a Surrogate Mother Candidate
Additional Information
Please note, if there is any difference or conflict between the information on this page and the law, the provisions of the law will apply.
Ministry of Health
Committee for Approval of the Embryo Carrying Agreements
Additional Telephone 02-5080387
Additional Telephones 02-5080374/5
Address
39 Yirmiyahu St., P.O. Box 1176, Jerusalem 9101002