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Israel legalises surrogate motherhood

A bill legalising surrogate motherhood and setting down strict controls and limitations has been passed by Israel's parliament a day after regulations barring the practice expired by order of the High Court of Justice.

The controversial bill, which was several years in the making, was described by health minister Dr Ephraim Sneh as "a medical and legislative breakthrough." In an odd coalition, most of the opponents were Orthodox Jewish members of parliament (who did not like some of the provisions) and Israeli feminists (who argued that women would be turned into "wombs for hire").

Setting down a law on surrogacy was an urgent government priority as a group of infertile couples had persuaded the High Court to strike down "discriminatory" regulations that barred such arrangements. The petitioners had preferred no legislation at all to maintain complete freedom of action.

According to the new law, the commissioning father must supply the sperm, and the ovum must come either from the commissioning mother or from a donor who is not the surrogate mother. Therefore, the baby can be produced only by in vitro fertilisation. The surrogate who bears the child must be an Israeli resident and unmarried--unless a special committee approves a married surrogate "in special cases."

The surrogate mother may change her mind and ask to keep the baby, but only with a court's approval. If unmarried she could decide to abort the fetus.

Surrogacy arrangements will be strictly supervised by a seven member committee comprising doctors, a clinical psychologist, a social worker, a lawyer, and a clergyman of the same religion as the parties concerned. The committee will approve surrogacy contracts only if persuaded that all sides reached them freely and that the health of the mother and baby are not at risk. The mother will be paid only for legal and insurance expenses and compensation for her time, loss of income, and pain. The Israeli Women's Network has opposed the bill as immoral.--JUDY SIEGEL-ITZKOVICH, medical correspondent, Jerusalem Post

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