Legal regulation of surrogate motherhood in Israel.
The Israeli Law on surrogate motherhood demands a preconception agreement to include payments to be made to the surrogate mother. Surrogacy arrangements with family members are forbidden. Commercial surrogacy is allowed and encouraged. The Law causes many problems. Validity of consent given by surrogate mothers is doubtful. Possible future psychological harm are ignored. There is a danger of "commodification" of children. Abusing women of low socio-economic status as breeding machines may be another outcome. No clear responsibility is imposed on the "intended parents" for an impaired child. The law ignores possibility of divorce or death of the "intended parents" before the child's birth. Splitting motherhood is another social problem that has to be dealt with. So far the sperm of the husband from the "intended parents" has to be used, but further steps may follow. It is not certain that a policy of "positive eugenics" will not develop.
Frenkel
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DA
Department of Business Administration, School of Management, Ben-Gurion University of the Negev, Beer-Sheva, Israel.
D002655:Child Custody / Q000331:legislation & jurisprudence; D005260:Female; D005307:Fertilization in Vitro / Q000331:legislation & jurisprudence; D006801:Humans; D007231:Infant, Newborn; D007258:Informed Consent / Q000331:legislation & jurisprudence; D007316:Insemination, Artificial, Heterologous; D007557:Israel; D008297:Male; D011247:Pregnancy; D013533:Gestational Carriers / Q000331:legislation & jurisprudence*