Surrogacy Through the Ages

The idea that a woman can carry a child for someone else might sound modern, but in fact, it has deep roots in human history. In this blog, we embark on a journey through time—from ancient texts to modern courtrooms—highlighting key milestones in the evolution of surrogacy, with special focus on the legal battle for the right to parenthood through surrogacy in Israel. 

From the Bible to Modern Surrogacy: An Ancient Beginning 

One of the earliest references to surrogacy appears in the Book of Genesis: Sarah, unable to conceive, suggests that Abraham take her maidservant Hagar as a “surrogate mother”—hoping that “perhaps I shall be built up through her” (Genesis 16). This story is often cited as an early example of surrogacy, though in a very different form from today’s practices. 

1978 – Louise Brown: The First “Test-Tube Baby” 

In 1978, modern surrogacy reached a major breakthrough with the birth of Louise Brown in England—the world’s first baby born via in vitro fertilization (IVF). For the first time, it was scientifically proven that an egg could be fertilized outside the body and successfully implanted in the uterus. 

1982 – Israel’s First IVF Baby 

In 1982, Romi Neumark became the first Israeli baby born through IVF. This marked the moment when fertility treatments became a permanent part of Israel’s medical and social discourse. 

Mid-1980s – The Baby M Case 

The Baby M case in the United States stirred widespread legal and public debate. A traditional surrogate (who also donated the egg) refused to give the child to the intended parents. The case underscored the distinction between traditional surrogacy and gestational surrogacy—in which the surrogate has no genetic connection to the baby. Gestational surrogacy has since become the dominant model. 

1996 – Israel’s Surrogacy Law 

Israel was among the first countries to legally regulate surrogacy with the passage of the Embryo Carrying Agreements Law. However, the law was limited to heterosexual couples (a “man and a woman”), excluding many from the path to parenthood. 

2008 – The Founding of Tammuz Surrogacy 

Doron Mamet-Meged, a new father to a baby born via surrogacy in the U.S., founded Tammuz Surrogacy—Israel’s first surrogacy agency. Tammuz opened the door to thousands of couples and individuals, including those outside Israel’s legal definition, offering innovative and accessible solutions and becoming a global leader in the field. 

2009–2013 – India’s Surrogacy Boom 

During this period, India became a major destination for international surrogacy due to lenient regulations and affordable costs. Hundreds of Israeli and international families turned to Indian clinics until surrogacy for foreigners was banned in 2013. Programs then shifted to Thailand and Nepal, which later followed suit in closing their doors. 

2011–2021 – Surrogacy Petitions and Legal Revolution in Israel 

As part of its mission, Tammuz led two landmark petitions to the Israeli High Court, pushing for equal access to surrogacy: 

HCJ 566/11 – Filed in 2011, this petition resulted in the legal recognition of non-genetic parents in Israeli surrogacy arrangements. The state began to recognize the parenthood of the non-biological partner (male or female) based on their connection to the genetic parent. Thanks to this case, known as the Mamet-Meged petition, non-genetic parents no longer had to adopt their own child—parenthood was granted automatically and equally upon proof of genetic relation to one of the partners. 

HCJ 781/15 – In 2017, a group of parents, the Tammuz agency, and human rights organizations (including the Israel Religious Action Center) petitioned the court to amend the Surrogacy Law to include single men, single women, and same-sex couples. In a historic unanimous decision in July 2021, the Court ruled that the existing law was unconstitutional due to its discriminatory nature. The government was ordered to amend the law to allow equal access to surrogacy for all citizens—regardless of gender, sexual orientation, or marital status. The amendment took effect in January 2022, officially opening surrogacy in Israel to individuals and LGBTQ couples. This groundbreaking reform led to deep societal change and opened the path to thousands of new families. 

Conclusion 

From the Bible to the High Court of Justice, from London labs to Mumbai clinics—surrogacy has undergone a profound transformation, touching science, law, society, and personal identity. Today, more than ever, surrogacy stands as a legitimate, accessible, and inclusive path to parenthood for a wide range of people. This journey was paved not only by revolutionary medical advances, but also by the brave individuals who chose to believe in the power of family—defined by love, commitment, and the fundamental right to become a parent. 

Want to Learn More? 

The Tammuz team is here to guide you through every step—with dedication, professionalism, and an open heart.