Israelis don’t have to adopt their own children any more

From now on, citizens of Israel, whose children were born with the help of foreign surrogate mothers, don’t have to go through a long and tedious procedure of adoption of their own children. On the 12th of May the Governmental Legal Adviser Yehuda Weinstein, sent an appropriate conclusion to the High Court of Justice. Now citizens of Israel who are forced to resort to the help of surrogate mothers will be recorded parents of the child, avoiding the adoption process.

This move of the government is designed to simplify the procedure of surrogacy for the Israelites, for one reason or another using the service abroad. I’d like to remind you that before such pairs had to pass a compulsory DNA test to confirm their paternity.


Without it, the Israeli Ministry of Interior Affairs refused to issue a permit to bring the child to the country and to provide him with Israeli citizenship. Genetic mothers had to adopt their own children, because in their case, officials were following the principle – the woman didn’t bear the child in her womb, so she can’t be his mother.

The first case of law in this area took place November 13, 2012. Then one of the courts of Israel freed a married couple, having used the services of a surrogate mother out of the country, from the mandatory DNA test to confirm the paternity and from the passage of the subsequent adoption procedure. Then the court asked the legal adviser to give his opinion on whether it was possible to settle parental status only through the court in such cases.

You might wonder why do the Israelis go through such trouble? Isn’t it easier to use the surrogacy program at home especially that in Israel it’s allowed since 1996. The thing is that the procedure of surrogate motherhood in Israel is rather complicated. The agreement concluded between the parties, must be approved by a panel of religious leaders, doctors and social workers. Bureaucratic delays and long lines simply force infertile couples to seek for the services of surrogate mothers abroad.

Yehuda Weinstein's decision should really make the life easier for those who are forced to use the surrogacy programs to get a long-awaited child. I think it would be nice for other countries, in which officials are not so willing to help their citizens in such a sensitive issue, to follow Israeli example.