A frozen embryo is not the property of any of the parents and cannot be delivered to a surrogate without an agreement

Prior to the marriage, due to a medical issue that prevented the husband from procreating after a medical procedure, sperm cells were frozen and after their insemination one child was born and one frozen fetus remained. As part of divorce proceedings, the husband demanded that he be given the frozen embryo so that he could perform surrogacy procedures or, alternatively, require the wife to conceive again.
The Tribunal dismissed the claim. Under Jewish law, the father does not have the right to own an unborn baby, and hence it must be concluded that he does not have ownership even of embryos who do not yet have a life and are only in a potential to create life. Even in accordance with Israeli legislation, it is not possible to approve a surrogacy procedure except in the manner in which an surrogacy agreement was signed between the sperm donor, the egg donor and the surrogate mother and this agreement was signed with the consent and free will of all parties to the agreement. Therefore, a father cannot be authorized to give the frozen embryo to a surrogate mother without the consent of the woman - who owns the eggs. The frozen embryo is not the property of either party