Surrogacy in Israel: A Model of Comprehensive Regulation of New Technologies

Jacqueline Hand | Santa Clara Journal of International Law | Vol 4, Issue 2 | 2006

This book review analyses the catalysts that propelled changes in Israel’s laws governing surrogate motherhood. It highlights the work of Professor D. Kelly Weisberg, The Birth of Surrogacy in Israel, which chronicles the experiences and ideologies that led to the genesis of Israel’s comprehensive regulatory scheme, Surrogate Motherhood Agreements Law. Weisberg’s book begins with a description of two cases of surrogacy that occurred immediately after the passage of the law. The book then goes on to explore the factors that helped create the legislation, beginning with Israel’s total ban on surrogacy in reaction to the New Jersey case of In Re Baby M. Initially Israel banned surrogacy through a series of three regulations, none of which even mentioned the term “surrogacy.” Then through suits against the Health Ministry, individual efforts, commission reports, and the efforts of interest groups, Israel eventually adopted their surrogacy law. The review concludes not only that The Birth of Surrogacy in Israel is a valuable resource for attorneys in the practice of surrogacy, but that it is also be valuable as a comprehensive study of technological change on society in general.

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