(a) Examination in the Population Registry;
(b) Examination of information held by the welfare authorities;
(c) Checking the existence of applications to the welfare authorities by a person claiming to be the child's parent or a relative of the child."
Factual Background and Previous Proceedings
- Against the background of what has been said so far, the concrete matter before us will now be brought before us. The respondents are common-law spouses. Since 2021, the two have worked together to manage surrogacy procedures in Northern Cyprus, through a private brokerage agency (Hereinafter: The Agency). In December 2021, the respondents entered into agreements with two foreign women in order for them to carry the pregnancies for them. It should be noted that in some of the documents before me, it was stated that the two women were Georgian citizens, while in some of them it was stated that one of them was a citizen of Georgia and the other a citizen of Ukraine. In each case, the pregnancies were based on fertilization using the sperm of one of the respondents and an anonymous egg donation. As noted, on August 17,2022, the two minors, a boy and a girl, were born.
- Even earlier, during the pregnancies, on March 1,2022, the respondents filed two (separate) motions for an order to perform genetic testing - Each respondent with respect to a minor born from his sperm - as well as to the issuance of a declaratory judgment accordingly according to which each respondent is the parent of that minor (Family Case 3256-03-22 Veteran Family Case 3240-03-22). It should be noted that such requests are submitted for the purpose of arranging registration and acquiring status in Israel for minors who are the children of Israeli citizens. The respondents attached to their applications copies of the agreements made between them and the mothers giving birth in Hebrew and English, as well as a medical certificate that the embryos were created through the fertilization of eggs from an anonymous donor in the respondents' sperm. In addition, a document dated January 9,2019, was attached to the requests, which is claimed to constitute an opinion regarding the law applicable in Northern Cyprus regarding surrogacy procedures. Subsequently, on May 16,2022, the respondents submitted, at the request of the Attorney General, a notarized certificate for the translation of the surrogacy agreements, as well as a copy of the agreements made between the mothers of the birth and the agency and between the respondents and the agency.
- On June 1,2022, responses were submitted on behalf of the Attorney General in both proceedings. Her position was identical in both responses and will therefore be presented in a consolidated manner. According to her, the agreements signed with the mothers raise indications that raise concerns about their exploitation and inferior status in the proceeding, in a manner that requires a careful examination to ensure that no criminal offenses, including human trafficking, have been committed. According to the Attorney General, the indications detailed were expressed, among other things, in the following aspects:
- The mothers who give birth are Georgian citizens, but there is no information in the agreements regarding their permanent place of residence, so it is likely that they are in Cyprus for the surrogacy procedures only.
- Surrogacy agreements were signed at the time when the embryos were absorbed into the womb of the mothers, although they include clauses relating to earlier stages - This raises concerns about their ability to oppose the agreement, which in any case they have no power to change.
III. The agreements include significant economic sanctions that the intended parents can apply against the mothers who give birth in a very wide range of cases, including the return of funds they received.
- Decision-making regarding the termination of pregnancy and the limited involvement of the mothers who give birth: According to the agreements, in circumstances in which there is concern for the health of the fetus or a defect in the fetus, the decision will be made by the intended parents and the clinic only, without the involvement of the mother, and in circumstances where there is a risk of harm to the mother of the mother, the decision will be made by the medical director of the clinic in a format defined as"Share" With the birth mother.
- Stipulations that indicate the denial of the autonomy of the mothers giving birth in the framework of the process, such as their obligation to agree in advance to relinquish parenthood and to hand over the newborn even before birth.
- Stipulations that indicate the denial of the right of access to the courts in certain matters, such as a clause stating that the mothers who give birth understand the possible dangers to their lives and health related to pregnancy and childbirth, and that they will have no claims against the intended parents in this context.
ז. The obligation of the mothers to provide the respondents with a copy of the agreement in their possession after its execution has been completed.