Please note that this article makes use of biological terms.
Trans Parenting is a concept that refers to the experience of parenting as experienced by transgender people.
Transgender people can pursue institutionally recognized parenthood in a variety of ways, for example: having a child naturally via sexual intercourse, through in vitro fertilization (IVF), through surrogacy, or adoption. In addition to the ways listed, historically trans people across various cultures around the world have always built for themselves “chosen families” or close circles of loved ones with similar life experiences sharing no biological connection, but rather from a bond of mutual support and care.
Given that the world of pregnancy and childbirth is not always made accessible to transgender people ,this article will detail different pathways to trans parenthood and important points to consider when planning to expand one’s family.
Pathways to Trans Parenthood
There are several pathways to parenthood for transgender people in Israel.
The appropriate pathway for each individual or family will be different and depends on
a variety of factors, such as: biological sex, marital status, history of fertility preservation, length of time on hormone therapy (if any), willingness to temporarily discontinue hormone therapy, civil status, socioeconomic status, and more.
It is recommended to thoroughly research the available options and have a discussion about the subject with your family or support network before taking concrete steps to expand your family.
Pregnancy through Sexual Relations
This pathway is suitable in cases where there is one potential parent with the ability to become pregnant, and a second potential parent with healthy sperm.
This pathway is suitable for, for example, couples with the described biological situation above, partners who are interested in entering into a shared parenting agreement, or single parents who have become pregnant and have chosen single-parenthood.
Co-parenting
Co-parenting is a term for a relationship between two people who decide to have a child together, without being in a relationship with each other and without running or planning to run a joint household. The parties can be heterosexual or same-sex, and both parties can have partners before, during, or after the process. It is important to note that only the biological parents will be legally recognized as the child’s parents. The relationship between the parents’ partners and the child, including their rights, can be defined in the shared parenting agreement.
In Vitro Fertilization (IVF).
In vitro fertilization is a process in which an egg is fertilized by sperm outside of the body (in a lab), and after fertilization, it is returned to the uterus.
This process can be elective or because of medical reasons, for example due to gender-affirming hormone therapy.
These are the groups eligible for IVF within the health basket: couples who do not have a child in their current marriage, or a person who was designated as female at birth and who wants to start a single-parent family. Funding by the health fund is provided after receiving approval from the fertility committee of that health fund and eligibility is valid for up to two children.
It is also possible to undergo the IVF process in a private clinic. The supplementary insurances in the various health funds offer various benefits related to in vitro fertilization
and it is recommended to familiarize yourself with them.
Surrogacy
Surrogacy is an agreement and process between two parties, the surrogate mother and the intended parent(s), for the purpose of bringing a child into the world.
In Israel: Singles and couples who cannot have children themselves are entitled to enter into a surrogacy agreement.
The intended parents must be Israeli residents between the ages of 18-54 and meet a number of prerequisites for approval of the agreement,
For example: medical compatibility, psychological compatibility, and receiving professional counsel on alternative parenting options.
To exercise this right, a formal application must be made to the Committee for Approval of Embryo Carrying Agreements.
It is recommended to seek professional guidance from a surrogacy agency for the purpose of submitting the application and coordinating the procedure. Please note that in Israel,
the surrogate mother is not allowed to carry more than one embryo per pregnancy.
Abroad: It is also possible to undergo a surrogacy procedure abroad. There are differences in the policies and prices of surrogacy procedures in different countries. It is highly recommended to seek professional guidance from a surrogacy agency to streamline
the process.
A non-biological parent of a child born abroad can apply to register their parenthood upon returning to Israel.
The issue of surrogacy is a topic that raises ethical questions and discussions both within and outside of the LGBTQ+ community. On one hand, a feminist perspective is voiced opposing bringing children into the world through surrogacy, based on the perception that the surrogate mother experiences exploitation in the process. On the other hand, supporters of surrogacy emphasize the right of LGBTQ+ individuals to parenthood, stemming from the right to equality, and the surrogate’s freedom of choice in the process.
While some individuals prefer to avoid the surrogacy process for this reason and choose alternative paths to parenthood, there are those who choose the surrogacy process but will perform it in countries where regulation and supervision are stricter and the surrogacy conditions are therefore better, and others who will perform it without regard to these considerations.
Adoption
Adoption is a process in which a child is separated from their biological family and becomes part of the adoptive family.
The adoptive parents become the child’s parents for all intents and purposes.
In Israel: Adoption of a child in Israel is done through the Child Welfare Service by submitting several documents along with a questionnaire for candidates for adoption.
This pathway is relevant for couples who have been living together for at least two years, and also for singles, but in more limited circumstances. The procedure is also available to same-sex couples. After submitting the questionnaire, the process will include several meetings with a social worker, a psychological assessment, and a visit to the home of the candidates to adopt, as well as further preparation in a group setting for their new role as adoptive parents.
It should be noted that domestic adoption within Israel is not a common procedure, even among the general population. Due to the small size of the trans population and additional barriers, in practice, adoption is exceptionally rare among trans individuals.
Abroad: A person who legally adopted a child abroad is entitled to register as an adoptive parent in the Israeli population registry.
International adoption is only possible through authorized non-profit organizations. There are various organizations that facilitate the process, and it is recommended to consult with several of them before deciding which one to proceed with.
It is recommended to seek professional guidance from an adoption agency in order to streamline the process.
For further details regarding adoption criteria and procedures, please visit the website of the Ministry of Welfare and Social Affairs.
Important Notes on Legal Matters
Recording of Parenthood on Birth Certificate/Parenthood Order
A gender-neutral birth certificate will be issued to the baby of a trans man who has given birth (Where a gender-neutral term is used for parent). During pregnancy or close to the birth, the trans man must apply to the Gender Affirmation Committee with a request to indicate that his/their gender has not changed following the pregnancy and birth.
In the surrogacy process, the child will be handed over by the surrogate mother to the custody of the intended parent(s) in the presence of a social worker as soon after the birth as possible, and in any case before the surrogate mother is released from the hospital.
The intended parents will confirm to the chief social worker in writing on a special form and in the presence of the social worker appointed as guardian that: the child has been handed over to them, the social worker will inform them of the obligation to file an application with the court for a parenting order within 7 days of the child’s birth, and the social worker has informed them that they are the guardian appointed for the child until the parenting order is issued.
Birth Grant
Those in the following groups are eligible to receive a birth grant from the National Insurance Institute:
Israeli residents who have given birth to a live child, same-sex couples, adoptive parents, intended parents, and Israeli surrogate mothers (In addition to the intended parents). A couple is eligible for only one grant.
Maternity/Paternity Leave
A person who gives birth and has worked for the same employer for a continuous year (12 months) is entitled to 26 weeks of maternity/paternity leave, while someone who has worked for less than a year is entitled to 15 weeks.
There are situations where spouses are allowed to share maternity leave and overlap with the birthing parent’s leave by up to a week.