VIII. There is no indication that the mothers who give birth understand the English language, even though the agreements were made in that language.
In view of the above, the Attorney General requested that the respondents complete additional details on their part. The details requested related to the contractual system between the parties involved and the circumstances of the signing of the agreements, as well as to the mothers giving birth and their social conditions.
- At the same time, the Attorney General argued that in view of the claim that the minors to be born are the respondents' genetic children, she leaves it to the court's discretion to decide on the need to conduct a genetic test in accordance with the relevant provisions of the law. In doing so, the Attorney General noted that the genetic test must be performed at a diplomatic or consular representation of the State of Israel, and that for this purpose the consent of the giving mother must be obtained. It was further clarified that the Attorney General maintains her full arguments with respect to other proceedings taken by the respondents in the matter of the minors.
- On June 9,2022, the Family Court ruled that subject to the execution of the process as detailed in the Attorney General's position, it will be possible to request an order referring the respondents and the minors to genetic testing (the senior judge). M. Levy). Subsequently, on June 25,2022, and on June 29,2022, the Family Court signed rulings confirming the performance of the tests.
- To complete the picture, it should be noted that on June 26,2022, the respondents submitted documents in the framework of the proceedings, each of which provided additional details regarding the mother of the relevant mother. The aforementioned documents were signed by the so-called "Surrogacy Coordinator" On behalf of the brokerage agency, which allegedly speaks English and Georgian and was involved in signing the surrogacy agreements.
- The minors were born on August 17,2022, and subsequently the respondents submitted their birth certificates to the Family Court. The birth certificates were authenticated by a consular representative of the State of Israel in Istanbul, Turkey, and as explained, they show the genetic father alongside the birth mother.
- A week after the minors' birth, on August 24,2022, the two mothers who gave birth signed a document titled "Affidavit of Waiver of Rights" Before the Consular Representative of the State of Israel in Cyprus (hereinafter: The Affidavits of Waiver). The aforementioned affidavits, which were prepared in both Hebrew and Georgian, were also submitted to the Family Court. In an affidavit on her behalf, each of the women declared that she had agreed to serve as a mother giving birth of her own free will "And after a great deal of consideration", that she gave birth to the son or daughter of one of the respondents in Northern Cyprus, and that she has no genetic connection to the newborn, which was created through a procedure IVF. Each of the women further declared that the purpose of the process was to help the father bring into the world a biological child of his own, with a clear understanding and knowledge that she had no rights or a genetic connection to him and that she was not a parent for him. The following details were also noted in the affidavits of the waiver, which due to their importance, will be presented in their own words:
"7. I hereby declare that I do not and will not have any claim against the father or the child in the future, and that I have no right over him. I hereby confirm and declare unequivocally and irrevocably that the child that I gave birth to and was created from the father's embryos belongs contractually and genetically to the father only, and therefore I will have no claim in relation to him, I hereby declare that I gave birth to the child by virtue of my contractual duty to the father and in accordance with the agreement between us.
- I hereby waive all legal and parental rights, as well as custody, custody and guardianship of the child, so that the father will hold all parental rights exclusively for ever and forever, and he may make decisions as he wishes, to take any action in the child's matter and for him, without my signature or presence, including the following:
- Transferring the child to borders, removing the child from Cyprus permanently, and moving to live permanently and fully with the father in any place in the world that the father chooses...
- Change of name or surname, issuance and renewal of a passport, issuance of any official document of any country and/or entity.
- Registration in private or public educational institutions, including changing the educational institution and replacing it according to the father's wishes.
- Providing medical treatment of any kind and type...
Filing claims of any kind to the courts, insurance companies, government institutions and/or any private or public entity, in the name and/or in the child's case, receiving remedies and/or compensation and/or funds and/or allowances in full in the name and/or for the child.
- Signing the issuance of a driver's license of any kind, as well as a signature on military service of any kind, for which the signature of two parents is required.
- Conversion of the child as well as the execution of a procedure of severing the registered relationship between me and the child, as well as its adoption by the father's spouse.
- I hereby declare that I give full and complete waiver of custody, partial custody or guardianship of the child and will not attempt to establish any kind of contact or relationship with the child, I hereby declare that I give my full consent to sever my registered connection to the child, and I also undertake to appear before any judicial instance, physically or via video call in order to confirm my declaration before the court if the need arises in the future" (emphases added).