Difference between revisions of "Israel"
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* Public Health (In Vitro Fertilization) Regulations 5747-1987 KT No. 5035, p. 987 | * Public Health (In Vitro Fertilization) Regulations 5747-1987 KT No. 5035, p. 987 | ||
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Egg Donation: | Egg Donation: | ||
* Ova Donation Law, 5770-2010 , SH No. 2242, p. 520. (passed on June 13, 2010). | * Ova Donation Law, 5770-2010 , SH No. 2242, p. 520. (passed on June 13, 2010). | ||
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Surrogacy: | Surrogacy: | ||
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**(Also sometimes referred to as the Embryo Carrying Agreement Act (Agreement Authorization & Status of the Newborn Child) 1996; or the Surrogate Motherhood Agreements (Approval of Agreement and Status of the Newborn) Law) | **(Also sometimes referred to as the Embryo Carrying Agreement Act (Agreement Authorization & Status of the Newborn Child) 1996; or the Surrogate Motherhood Agreements (Approval of Agreement and Status of the Newborn) Law) | ||
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Sperm Donation: | Sperm Donation: | ||
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* Public Health (In Vitro Fertilization) Regulations 5747-1987 KT No. 5035, p. 987 | * Public Health (In Vitro Fertilization) Regulations 5747-1987 KT No. 5035, p. 987 | ||
Ministry of health guidelines regarding sperm donations. | Ministry of health guidelines regarding sperm donations. | ||
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Other Guidelines: | Other Guidelines: | ||
* The Israel Fertility Association also publishes, from time to time, professional guidelines. (See http://www.ayala.org.il/?CategoryID=239 ) | * The Israel Fertility Association also publishes, from time to time, professional guidelines. (See http://www.ayala.org.il/?CategoryID=239 ) | ||
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Other | Other | ||
* A person’s right to procreate has been recognized in Supreme Court rulings. In the leading case of Nachmani v Nachmani, the Court held that in the special circumstances of that case the right of a woman to motherhood was superior to her husband’s right not to be a father. | * A person’s right to procreate has been recognized in Supreme Court rulings. In the leading case of Nachmani v Nachmani, the Court held that in the special circumstances of that case the right of a woman to motherhood was superior to her husband’s right not to be a father. | ||
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|Foundational values= | |Foundational values= | ||
|Prohibited practices=REPRODUCTIVE CLONING | |Prohibited practices=REPRODUCTIVE CLONING | ||
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* Research cloning is permitted, under guidelines.<ref name=hfea> Human Fertility and Embryology Authority (UK), "[http://www.hfea.gov.uk/en/1579.html Hybrids and Chimeras: Findings of the Consultation, Annex C – International Perspective]" (September 5, 2007)</ref> | * Research cloning is permitted, under guidelines.<ref name=hfea> Human Fertility and Embryology Authority (UK), "[http://www.hfea.gov.uk/en/1579.html Hybrids and Chimeras: Findings of the Consultation, Annex C – International Perspective]" (September 5, 2007)</ref> | ||
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** the woman is a childless woman; | ** the woman is a childless woman; | ||
** the patient is less than 44 years old. | ** the patient is less than 44 years old. | ||
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EGG DONATION | EGG DONATION | ||
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* There are penalties for violating the law (§ 41). | * There are penalties for violating the law (§ 41). | ||
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SPERM DONATION | SPERM DONATION | ||
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** the fertilized ova’s owner was widowed prior to the implantation, as long as the fertilized ova will not be implanted in her during the first year following the extraction and fertilization of the ova and the implantation is supported by a report; or | ** the fertilized ova’s owner was widowed prior to the implantation, as long as the fertilized ova will not be implanted in her during the first year following the extraction and fertilization of the ova and the implantation is supported by a report; or | ||
** the woman in whom implantation is planned is a divorcee whose ova were fertilized with her husband’s semen prior to the divorce, only after receipt of the husband’s consent (§ 8). | ** the woman in whom implantation is planned is a divorcee whose ova were fertilized with her husband’s semen prior to the divorce, only after receipt of the husband’s consent (§ 8). | ||
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POST-HUMOUS USE OF GAMETES | POST-HUMOUS USE OF GAMETES | ||
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* Post-humous use of gametes is generally prohibited (Public Health (In Vitro Fertilization) Regulations 5747-1987 KT No. 5035, p. 987 | * Post-humous use of gametes is generally prohibited (Public Health (In Vitro Fertilization) Regulations 5747-1987 KT No. 5035, p. 987 | ||
§§ 10, 12).. | §§ 10, 12).. | ||
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ACCESS TO INFORMATION | ACCESS TO INFORMATION | ||
* The Public Health (In Vitro Fertilization) Regulations 5747-1987 prohibit the disclosure of identifying information regarding ova or semen donors (§ 15). | * The Public Health (In Vitro Fertilization) Regulations 5747-1987 prohibit the disclosure of identifying information regarding ova or semen donors (§ 15). | ||
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SURROGACY ARRANGEMENTS | SURROGACY ARRANGEMENTS | ||
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* The surrogate must belong to the same religion as the designated mother, but if all parties to the agreement are not Jewish the committee may deviate from this requirement in accordance with an opinion of a religious official who is a member of the committee. | * The surrogate must belong to the same religion as the designated mother, but if all parties to the agreement are not Jewish the committee may deviate from this requirement in accordance with an opinion of a religious official who is a member of the committee. | ||
| − | In addition, at present the intending parents must be married or common law couples (but see below regarding proposed changes); the intending mother must be under 54; there must be medical certification confirming the intending mother can not get pregnant; and a pscyh or social worker must approve the agreement saying that the parents received appropriate professional advice. | + | * In addition, at present the intending parents must be married or common law couples (but see below regarding proposed changes); the intending mother must be under 54; there must be medical certification confirming the intending mother can not get pregnant; and a pscyh or social worker must approve the agreement saying that the parents received appropriate professional advice. |
| − | The surrogate must be an Israeli citizens, aged under 38, and have medical certification of health and psychological evaluation. | + | * The surrogate must be an Israeli citizens, aged under 38, and have medical certification of health and psychological evaluation. |
| − | Pre-approval by the relevant State authorities is required. (See Board for approval: http://www.health.gov.il/English/Services/Committees/Embryo_Carrying_Agreements/Pages/default.aspx ) | + | * Pre-approval by the relevant State authorities is required. (See Board for approval: http://www.health.gov.il/English/Services/Committees/Embryo_Carrying_Agreements/Pages/default.aspx ) |
| − | The surrogacy agreement must be submitted to the authorized committee to approve the agreement, which must | + | * The surrogacy agreement must be submitted to the authorized committee to approve the agreement, which must |
(a) ensure that it meets the conditions set in the law; | (a) ensure that it meets the conditions set in the law; | ||
(b) be convinced that both parties signed it in free will, and | (b) be convinced that both parties signed it in free will, and | ||
(c) establish that there are no risks to the mother’s health or to the child’s welfare. | (c) establish that there are no risks to the mother’s health or to the child’s welfare. | ||
| − | Legal Parentage | + | |
| + | Legal Parentage in surrogacy | ||
* According to the relevant legislation, upon the birth of the child the birth mother is considered the legal mother of the child and the intended parents have to receive a court order establishing their legal parentage father the birth of the child. The record of the surrogacy arrangement is confidential and sealed. | * According to the relevant legislation, upon the birth of the child the birth mother is considered the legal mother of the child and the intended parents have to receive a court order establishing their legal parentage father the birth of the child. The record of the surrogacy arrangement is confidential and sealed. | ||
* Nevertheless, the 1998 Embryo Carrying Agreement Ordinances (Agreement Authorization & Status of the Newborn) (Registry), created a registry in which all successful surrogacy procedures are registered. The registry must contain the names and details of the child, surrogate and intended parents and all changes and updates must also be submitted to the registrar. | * Nevertheless, the 1998 Embryo Carrying Agreement Ordinances (Agreement Authorization & Status of the Newborn) (Registry), created a registry in which all successful surrogacy procedures are registered. The registry must contain the names and details of the child, surrogate and intended parents and all changes and updates must also be submitted to the registrar. | ||
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|Regulatory activities= | |Regulatory activities= | ||
|Accountability and governance= | |Accountability and governance= | ||
|History=SURROGACY TO DATE: | |History=SURROGACY TO DATE: | ||
| − | + | * Surrogacy arrangements have been permitted for 18 years in Israel pursuant to the above conditions; | |
| − | + | * Of 1,042 applications by couples who opened files, 1,026 couples were approved. | |
| − | + | * Applications by couples who opened a file with the Board and were rejected: | |
| − | + | ** 5 couples due to the woman’s age, which was over 52 years. | |
| − | + | ** 2 couples who have 3 children and sought surrogacy for a fourth child. | |
| − | + | ** 7 couples due to partners’ health issues. | |
| − | + | ** By the end of 2013, 516 children had been born in Israel through surrogacy procedures. | |
PROPOSED CHANGES TO SURROGACY LAWS IN ISRAEL: | PROPOSED CHANGES TO SURROGACY LAWS IN ISRAEL: | ||
NB. The following information is extracted from the Ministry of Health explanation of proposed changes to the laws available at http://www.health.gov.il/English/Topics/fertility/Surrogacy/Pages/default.aspx (accessed 21 February 2015). | NB. The following information is extracted from the Ministry of Health explanation of proposed changes to the laws available at http://www.health.gov.il/English/Topics/fertility/Surrogacy/Pages/default.aspx (accessed 21 February 2015). | ||
| − | A new Bill has been proposed that will broaden access to surrogacy in Israel. (NOTE – the proposed laws have been approved by government however are not finalised. They must be debated by the Knesset committee, which consults with the public, and considers each clause. It may change the law and remove/add clauses and conditions. | + | * A new Bill has been proposed that will broaden access to surrogacy in Israel. (NOTE – the proposed laws have been approved by government however are not finalised. They must be debated by the Knesset committee, which consults with the public, and considers each clause. It may change the law and remove/add clauses and conditions. |
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| + | * The bill is based on two principles: | ||
| + | ** Equality - All are equal, without regard to sexual orientation or structure of the family unit; | ||
| + | ** Right to Parenthood - Everybody has a right to parenthood and to realize this. | ||
| + | * Broadening of the possibilities for entering into a surrogacy arrangement by payment in Israel, enabling men without a female partner and women without a male partner to also enter into a surrogacy arrangement. | ||
| + | * Broadening of possibilities to be a surrogate, to also include married women, cousins, and broadening of the range of ages to 38. | ||
| + | * Provision of the possibility for men to receive egg donations in Israel and to import eggs donated overseas. | ||
| + | * Regulation of payments for surrogacy (NIS 160,000). | ||
| + | * Provision of the possibility for the intended parent’s partner to receive a court order appointing him/her as the child’s parent, without the need for adoption, if the Approvals Board’s approval is received at the commencement of the process. | ||
| + | There proposed law also includes limitations: | ||
| + | * Limitation of age of the intended parents to 54; | ||
| + | * Limitations in the number of children for intended parents; | ||
| + | * Requirement for a psychological and medical opinion regarding the intended parents and the surrogate; | ||
| + | * Requirement for parents’ criminal records checks for sexual and violent crimes. | ||
|External links=See The Law Library of Congress, Israel: Reproduction and Abortion: Law and Policy – February 2012 available at http://www.loc.gov/law/help/israel_2012-007460_IL_FINAL.pdf (accessed February 2015) | |External links=See The Law Library of Congress, Israel: Reproduction and Abortion: Law and Policy – February 2012 available at http://www.loc.gov/law/help/israel_2012-007460_IL_FINAL.pdf (accessed February 2015) | ||
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== References == | == References == | ||
<references/> | <references/> | ||
