An Israeli couple living overseas bore a child through surrogacy by using the man’s sperm and a donor egg. After the birth of the child, the man was registered in the Israeli Population Registry as a parent of the minor, due to the genetic connection between the man and the minor but the mother was recognized as a parent only in the country of residence of the couple, but not in Israel.
The Court held that the conditions for granting a judicial parenting order apply and the woman should be recognized as the minor’s parent, with all the obligations, rights and authorities that apply to the parent-child relationship. Previously, Israeli residency was a required condition to granting a judicial parenting order and recognition of a person’s status as a minor’s parent. In cases of surrogacy taking place overseas, it was possible, after the birth, to register the biological parent in the Israeli Population Registry, while the biological parent’s spouse was granted a judicial parenting order to be registered as a parent. The conditions for granting such a judicial order were never codified, however, thus far, this process was limited to Israeli residents, in order to respect the jurisdiction of other countries and prevent discrepancies where recognition is granted in one country while not recognize in the country of residency. Additionally, it is practically difficult to examine the best interests of the minor and his living situation when the minor is not a resident. However, while the question of residency may be a consideration when reviewing the justifications for granting a judicial parenting order, it is far from the only consideration. In this case, the couple are Israeli citizens who maintain a healthy family unit and the best interests of the minor justify granting the judicial order. Moreover, at the country of residency the woman is already recognized as the minor’s mother. As such, denying a judicial order in Israel will in fact create a discrepancy in the parental status between Israel and the country of residency. Therefore, both the best interests of the minor and issue of international law justify granting a judicial parenting order, recognizing the woman as the minor’s mother and allowing her to be registered as a parent in the Israeli Population Registry and granting her all the rights, obligations and authorities that arise existing between a parent and a child.
Published in Afik News 320 21.10.2020