Surrogacy Attorneys
Surrogacy: A Path to Parenthood
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 final meeting with a fertility specialist, David and Tehila, a couple in their 50s, learned that after 25 years of complex and emotionally draining fertility treatments, Tehila would not be able to conceive. Yehiel and Mazel, a couple in their 30s, were told that due to a complication following the birth of their firstborn, Mazel could no longer carry a pregnancy. David and Rachel, a young couple preparing for marriage, consulted with Rachel’s gynecologist to explore alternatives. Rachel was born with Mayer-Rokitansky-Küster-Hauser syndrome, a condition characterized by underdevelopment of the female reproductive system — she can produce eggs but does not have a uterus and therefore cannot carry a pregnancy.
Tehila, Mazel, and Rachel each came to our Jerusalem office with their husbands to receive legal guidance on building their families through surrogacy. Today, an increasing number of individuals and couples are turning to surrogacy as a viable path to parenthood. Many couples face long and often exhausting journeys through fertility treatments due to a range of medical conditions affecting either partner. Surrogacy offers a meaningful and effective solution for those who dream of becoming parents.
What Is Surrogacy?
Surrogacy is a medically assisted reproductive process in which another woman carries and delivers a baby on behalf of the intended parents, who are the child’s biological parents. Immediately after birth, the baby is entrusted to the intended parents. Surrogacy is a highly effective option that enables heterosexual couples, same-sex couples, and single individuals who cannot conceive for medical or other objective reasons to bring a child into the world and start or expand their family.
Why Choose Surrogacy?
Surrogacy allows at least one partner to be the biological parent of the child. In most cases involving heterosexual couples, both partners are the child’s biological parents. This remarkable method enables individuals and couples to fulfill their dream of parenthood with a child who is genetically related to them.
Surrogacy Under Jewish Law (Halacha)
The surrogacy process raises several important questions under Jewish law (Halacha): What is the position of Jewish religious law on surrogacy? What conditions must be met to undergo the procedure in accordance with Halacha? Who is considered the mother — the surrogate who carried the pregnancy, or the woman whose egg was used? Is the child born Jewish? What if the surrogate is not Jewish? Is conversion required for a child born through surrogacy?
Jewish Halacha has addressed these religious and moral questions on numerous occasions. As attorneys who have guided many couples through surrogacy proceedings, we regularly consult with leading rabbinic authorities, most frequently with the rabbis of the Puah Institute in Jerusalem, who specialize in this area. We can state with confidence that surrogacy is recognized and permitted under Jewish law, subject to certain conditions. Many prominent rabbis in Israel and abroad have ruled the procedure permissible. Some authorities hold that the religion of the surrogate is not determinative, maintaining that the child belongs to the woman who provided the egg and shares her genetic connection.
It is important to note that for every surrogacy procedure involving religiously observant Jewish couples that we accompany legally, the process is tailored to the couple’s specific needs and circumstances. Following a thorough review, the couple receives an individualized rabbinic permit authorizing the procedure under specified conditions. Israel’s surrogacy law (the Embryo Carrying Agreements Law, 5756-1996) is among the most progressive in the world and is largely aligned with the requirements of Jewish law.
Attorney Liat Kreskas of our firm assists couples who wish to undergo the surrogacy process in accordance with Jewish tradition, working directly with the Puah Institute to ensure full halachic compliance.
Surrogacy in Israel
Surrogacy in Israel is governed by the Embryo Carrying Agreements Law (the Surrogacy Law). The law establishes the conditions under which surrogacy may be carried out domestically. Under current legislation, the procedure is available to heterosexual couples — whether married or cohabiting — as well as single women. The surrogate must share the intended mother’s religion, with a preference for an unmarried surrogate. Blood relatives of either intended parent are prohibited from serving as surrogates. The sperm used for fertilization must belong to the intended father, and conception must be achieved exclusively through medical means. The cost of a surrogacy procedure in Israel typically ranges from approximately NIS 220,000 to NIS 250,000, of which approximately NIS 160,000 to NIS 170,000 constitutes the surrogate’s compensation. The remaining costs cover medical examinations, psychological evaluations, and related expenses.
Who May Apply for a Surrogacy Procedure in Israel?
Married couples, common-law partners, or single women who have received a medical determination that they are unable to become pregnant and give birth may apply. The intended mother must not exceed age 53 at the time of submitting the application to the approvals committee, and must not exceed age 54 at the time of signing the embryo-carrying agreement.
International Surrogacy Options
Many Israelis who are not eligible for surrogacy in Israel — including same-sex couples, individuals above the maximum age set by law, those who have difficulty finding a surrogate meeting Israeli legal criteria, or those for whom the domestic costs are prohibitive — may pursue surrogacy abroad. International surrogacy varies significantly from country to country, with each jurisdiction having its own legal framework, healthcare system, and associated costs.
In the past, surrogacy was widely available in countries such as India and Nepal due to low costs and the immediate availability of surrogates. However, these countries have since closed their surrogacy programs to foreign nationals. Today, the most common destinations include the United States, Canada, and Georgia. Each option presents distinct advantages and considerations, and choosing the right country requires careful evaluation of all relevant factors to avoid complications that could jeopardize the procedure.
USA: Available to married and unmarried couples, same-sex couples, and singles. Cost range: $120,000–$200,000. Surrogate availability: 2–6 months. Canada: Available to married and unmarried couples, same-sex couples, and singles. Cost range: $55,000–$75,000. Surrogate availability: 3–6 months. Georgia: Available to married couples and common-law partners. Cost range: $45,000–$65,000. Surrogate availability: immediate. All prices are in US dollars.
Selecting the Right Surrogacy Path
Once the appropriate surrogacy route is selected, the process moves quickly through a series of medical and legal steps: coordinating with a surrogacy agency, selecting a surrogate, and in some cases choosing an egg donor and fertility clinic. Tehila, Mazel, and Rachel — along with their husbands — are now parents. David and Rachel recently contacted our office again to begin a second surrogacy procedure.
Contact Us for Surrogacy Legal Support
There is no more rewarding area of law than guiding couples through the surrogacy process. Every child born through surrogacy is a true creation — a contribution to the world. We are privileged to play a role in helping families come to life.
Frequently Asked Questions About Surrogacy
What exactly is surrogacy and how does the process begin? How much does surrogacy cost in Israel? How much compensation does a surrogate receive? Is surrogacy legal in Israel? Is surrogacy permitted under Jewish law? What medical tests are required? Am I entitled to financial assistance for surrogacy? Can same-sex couples pursue surrogacy in Israel? Does the state fund surrogacy procedures? Are children born through surrogacy considered Jewish? Is surrogacy with sperm donation permitted for married couples in Israel? How long does it take to obtain entry approval for a surrogate-born child? How long does the surrogacy process take? Is surrogacy in Israel or abroad the better option? Which population uses surrogacy services most frequently? How much does legal representation for surrogacy cost? Which surrogacy agency should we work with? What role does an attorney play in surrogacy proceedings? What is a judicial parental order and how is it obtained? Why is a DNA test required after birth and before returning to Israel? How can surrogacy be conducted in accordance with Jewish law? Does a child born through surrogacy require conversion?