Under Israel’s Legal Capacity and Guardianship Law (1962) and the Sperm Donation Law (2011), paternity is defined as:
(a) The birth mother’s husband at conception or birth, unless otherwise determined.
(b) For ART, the intending parent(s) in regulated sperm donation, where the donor is explicitly excluded from paternity (Sperm Donation Law, Section 6).
In informal sperm donation (e.g., at-home AI or natural insemination), the Sperm Donation Law doesn’t apply. Paternity could be established if the donor acknowledges the child or if a court determines it based on biology or intent (e.g., Family Law precedents), unless a private agreement is judicially upheld (rare).
Assisted Reproduction:
Israel regulates ART under the Sperm Donation Law (2011) and the Public Health (In Vitro Fertilization) Regulations (1987). Sperm donation is permitted in licensed clinics for married couples, single women, and same-sex female couples, with donor anonymity and medical supervision required.
Informal sperm donation is not explicitly illegal but falls outside the legal framework. Donors lack statutory protections against paternity claims, unlike clinical donors, and cultural acceptance is limited outside regulated settings.
Israel’s progressive ART laws contrast with strict oversight, leaving informal donation in a legal grey area.
Sperm Donor Agreements:
In regulated ART, clinical donors have no parental rights or obligations (Sperm Donation Law, Section 6). Informal sperm donation agreements are not statutorily binding but may be considered as evidence of intent in court, though enforceability is uncertain without legal recognition.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father if paternity is acknowledged or proven judicially, overriding private agreements unless upheld by a court.
Surrogacy:
Surrogacy is regulated under the Surrogacy Law (1996, amended 2018), allowing it for heterosexual and same-sex couples and single women in licensed settings. The intending parents are recognized as legal parents post-birth via court order, with the surrogate relinquishing rights.
Informal surrogacy is not recognized, and the birth mother remains the legal mother unless adoption occurs.
Parentage Agreements:
In regulated ART and surrogacy, parentage is formalized through legal consents and court orders. Informal agreements (e.g., co-parenting or donor contracts) lack statutory enforceability outside these frameworks and carry significant risks.
Courts may establish paternity based on biology or intent (e.g., Family Court rulings), potentially overriding informal agreements if disputes arise.