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Judicial precedent in the case of international surrogacy in Tel-Aviv

A 55-year-old woman, a citizen of Israel, has been treated for infertility for many years, but to no avail. According to Israeli law, she could not use surrogacy in Israel because she did not meet the criteria, so she decided to do it in the US. Having signed an agreement with a surrogacy agency in the USA, she used eggs and sperm from anonymous donors. Her surrogate mother gave birth to twins. The US court deprived the surrogate mother of her parental rights, and her children received American birth certificates. But in Israel, the Ministry of Internal Affairs did not register her as the mother of the children and the woman appealed to the family court. Israeli law determines that a single woman in need of egg and sperm donation cannot be recognized as the child’s mother due to the lack of a genetic link between them. But the judge considered this case and issued a verdict that the laws do not prohibit bringing children from other countries in a way that is legal in these countries. And recognized the right of a woman to adopt these children. By making this a precedent and noting that the court needs to adapt to the changing reality.

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