Twin babies sleeping 390 (R).
(photo credit: Reuters/Arnd Wiegmann)
The biological mother of twins born in a surrogacy procedure does not have to
formally adopt her babies, the Tel Aviv District Family Court decided in a
precedent-setting ruling published Wednesday.
The twin babies were born
last month to Jewish Israeli parents following a surrogacy procedure carried out
in Tbilisi, Georgia. The case came to court after the Interior Ministry opposed
the couple’s request for an injunction formally naming them as the
The parents said they had decided to use the surrogacy procedure
after attempts to conceive naturally failed. The twins were born following an in
vitro fertilization (IVF) procedure, in which an embryo was created using the
father’s sperm and the mother’s eggs and successfully implanted into a surrogate
After the births, the couple requested to be listed as
parents on the babies’ birth certificates, so that the children could be entered
into the Population Registry and issued passports to bring them to
The Interior Ministry objected, saying that only the father was
allowed to undergo paternity testing to determine his relationship to the
babies, but that the mother would have to apply for adoption.
ministry argued that Israeli law provides three ways to achieve parental status:
biological parenthood, adoption or receiving a court order following a surrogacy
process carried out under the Surrogacy Law.
Israeli law does not apply
to surrogacy procedures carried out abroad, the ministry said.
the ministry argued that Israeli law provides that in cases of egg donation,
only the birth mother is considered the mother of a baby, not the egg
The parents said there was “no justification for seeking to impose
a bizarre procedure” whereby only the father could be registered as the babies’
biological parent, and argued that the Interior Ministry was violating both
their and the twins’ basic rights under Israeli and international
Judge Shifra Glick noted that Israeli law has yet to include
regulations regarding surrogacy procedures carried out abroad, but until the law
is amended it should not act to the detriment of Israeli couples who undertake
The judge ruled that both parents will undergo DNA
testing in Israel to determine their parental relationship with the twins.