Israeli court grants woman right to use slain soldier son’s seed for surrogacy

The Family Court in Eilat has authorised Sharon Eizenkot, mother of slain IDF Sgt. Maor Eizenkot, to use her late son’s sperm to conceive a grandchild through surrogacy.

This is the first such court-approved request since the outbreak of the Swords of Iron war 21 months ago, setting a significant precedent for other bereaved families.

Judge Rotem Kodler-Iyash, deputy president of the court, based the ruling on credible testimony confirming that Maor Eizenkot, 19, had explicitly expressed his wish to father children, even in the event of his death.

This wish came to light through a childhood friend, to whom Maor had confided his intentions before dying in battle in Gaza in December 2023. His expressed desire included the use of his sperm posthumously, even by a woman he had not known, Channel 12 reported.

Sharon Eizenkot was supported throughout the complex legal process by a legal team including attorney Revital Sweid, a former Knesset member who had pushed for a Continuity Law for soldiers, along with attorneys Shmulik Moran and Noa Gelerman Liel.

The case has drawn attention as a test of legal and ethical boundaries surrounding posthumous reproduction.

Moran said, “Sharon Eizenkot, who lost her dearest—her late son Maor, embarked on a journey in order to gain continuity from him. Sharon and many bereaved parents are forced to contend with the state, which refuses to allow them to have a grandson of their sons who sacrificed their lives for it. The state is wrong—as a society we have a moral and moral debt to the bereaved families.”

Sharon, who lost her son a year and a half ago, reportedly smiled for the first time since his death upon receiving the court’s decision. She shared the news with Maor’s younger brother, who is soon to enlist in the army.

Maor Eizenkot served in the 12th Battalion of the Golani Brigade. His death came one day after the death of his cousin, Master Sgt. (res.) Gal Eizenkot, 25, son of former IDF Chief of Staff and Minister without Portfolio Gadi Eizenkot, highlighted the personal toll of the war on the family. Capt. Yogev Pazi, 22, another nephew of Gadi Eizenkot, was killed in action in the northern Gaza Strip on Nov. 17, 2024.

The court’s decision not only grants a grieving family a path to legacy but also opens the door for future cases where fallen soldiers’ reproductive wishes may be honoured.

“Beyond the fact that this is an emotional, humane and just ruling, it constitutes a legal breakthrough in this difficult issue. The court recognizes the fact that the expression of a desire for continuity after death can be expressed in various ways and gives room for a broad interpretation of the will of the deceased from what the living reveal about him—his friends and family,” Moran said.

“The judge, in a particularly sensitive ruling, gives room for Maor’s dream of having children after the war, all of which he expresses just before he goes to fight in Gaza, knowing that he is in mortal danger. This dream for the children is being fulfilled by the judge, who helps his family,” he said.

JNS