Israel has a distinctive and in some respects contradictory legal landscape for assisted reproduction and family law. The country is a world leader in fertility treatment utilisation — Israel has more IVF cycles per capita than any other country — and the government subsidises fertility treatment extensively. At the same time, family law is shaped by religious authorities, creating tensions particularly for LGBTQ+ families.
Sperm donation in Israel is regulated by the Egg Donation and Sperm Bank Law and subsequent regulations. Sperm donation is anonymous by default. Donor-conceived individuals do not have a general legal right to access donor identity — though there are ongoing legal and legislative discussions about extending such rights. A central sperm bank registry is maintained by the Ministry of Health.
Egg donation in Israel is legal and regulated. The Egg Donation Law (2010) established a framework for egg donation, including mandatory anonymity, screening requirements, and compensation for donors. Egg donation is available for women who cannot use their own eggs, and the state subsidises it as part of the fertility treatment package.
For heterosexual couples, fertility treatment is fully subsidised by the state up to the birth of two children (or more under certain circumstances). For single women, the state subsidises treatment up to the birth of two children. Same-sex female couples have also had access to subsidised treatment since a 2021 regulation change.
Legal parenthood for single women using donor sperm is straightforward: the mother is the sole legal parent and the anonymous donor has no legal status. For female same-sex couples, both partners can be registered as parents following birth — the non-biological mother must go through a parental recognition procedure (tsav hora'at horim) which, while administratively cumbersome, is available.
Co-parenting arrangements in Israel — where two or more people who are not a couple agree to raise a child together — are not formally regulated. Courts have addressed some co-parenting disputes, but the legal framework is underdeveloped. Private co-parenting agreements exist but their enforceability in relation to parental rights is uncertain.
Known donor arrangements carry significant legal risk in Israel. If a known donor's identity is established and he is biologically the father, he may be recognised as the legal father under Israeli family law — even if a private agreement states otherwise. Religious courts (beit din) may have jurisdiction over personal status matters for Jewish citizens, adding another layer of complexity.
Surrogacy in Israel is legal but was, until 2021, available only to heterosexual couples and single women. A 2021 Supreme Court ruling and subsequent legislative change extended surrogacy to same-sex male couples and single men, though as of 2024 implementation has been slow and contested. Surrogacy is heavily regulated and requires approval by a government committee.
For Israeli citizens living abroad or foreigners using Israeli fertility services, there are additional considerations around recognition of parenthood, birth registration, and rights of the child to Israeli citizenship or aliyah. These questions require specialist legal advice.
Israeli reproductive and family law is one of the most rapidly evolving in the world, with frequent court decisions, legislative proposals, and regulatory changes. Families considering fertility treatment in Israel or co-parenting with Israeli nationals should stay current on the legal landscape and seek advice from a specialist in Israeli family law.
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