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Families Of Fallen IDF Soldiers Win Court Approval for Posthumous Parenthood

Oct 14, 2026·4 min read

JERUSALEM (VINnews) — Two Israeli families have received court approval to use sperm preserved from their deceased sons to have grandchildren, following lengthy legal proceedings that have highlighted the absence of comprehensive legislation governing posthumous reproduction in Israel.

Avi and Sigal Harush, whose son Reef, a 20-year-old soldier in the IDF’s elite Egoz unit, was killed in Gaza in April 2024, received approval this week. On the same day, Irit and Asher Shahar were granted permission to use sperm preserved from their son Omri, an IDF officer who died in a traffic accident during his military service in 2012. The decisions allow both families to proceed with their plans, although they do not guarantee that the process will result in the birth of a child.

For the Harush family, the decision follows more than two years of efforts to fulfill what they believe was Reef’s wish to become a father. According to his father, Reef frequently spoke about his hopes of raising a family. Following his death, the family discovered personal writings in which he emphasized the importance of continuity.

“We never imagined it would happen under these circumstances,” Avi Harush said. “But this is the situation we find ourselves in, and we’re trying to honor Reef’s wishes in the best way possible.”

The family is now preparing to identify a woman who would become the child’s mother, with Reef’s parents serving as grandparents. “We wouldn’t have entered this process if we weren’t absolutely certain this was what Reef wanted,” Harush emphasized.

For the Shahar family, the legal struggle has lasted 14 years. Following Omri’s death in 2012, his parents initially sought permission to have a child using his preserved sperm and raise the child themselves. That request was rejected.

The couple subsequently revised their plans, seeking a woman who would raise the child as its mother while they would take on the role of grandparents. Approximately two and a half years ago, they found a prospective mother who agreed to participate in the process.

However, the state opposed the arrangement, arguing that there was insufficient evidence that Omri would have wanted a child after his death with a woman he had never met. Although a family court initially approved the request, the state appealed to the district court, prolonging the proceedings.

An agreement was eventually reached, allowing the family to move forward. “We’re happy, but it’s restrained happiness,” Irit Shahar said. “We still face another stage, and we don’t know how long it will take or whether it will succeed.”

The two cases reflect a broader debate in Israel over the rights of bereaved families to use sperm retrieved from deceased relatives. According to Health Ministry figures, sperm was retrieved after death from 271 men between October 7, 2023, and November 2025, including 250 soldiers and 21 civilians. In 203 cases, the requests were initiated by parents, while partners initiated the remaining 68.

Although sperm retrieval and preservation are permitted under established procedures, there is no comprehensive Israeli law governing its subsequent use for reproduction. As a result, families frequently require judicial authorization.

Irit Oren Gunders, chairwoman of Or LaMishpachot, an organization supporting approximately 2,700 bereaved military families, criticized the legal difficulties faced by parents. “The state allows parents to preserve their fallen son’s sperm, but when they seek to use it to have a grandchild, they are forced into a long and exhausting legal battle,” she said.

The organization has been advocating legislation that would establish clearer procedures and reduce the need for prolonged court proceedings. The Shahar family has also played a role in efforts to improve IDF procedures concerning posthumous sperm retrieval.

According to Asher Shahar, when his son died in 2012, the family was not informed that sperm retrieval was an option and had to discover the possibility independently.

Today, he said, military representatives inform bereaved families of the option when notifying them of a soldier’s death. The issue has also raised ethical and legal questions concerning the deceased person’s wishes, the rights of prospective mothers and the welfare of children conceived after a parent’s death.

Both families maintain that their decisions reflect their sons’ desire to have children and that any resulting child would be raised by a mother with the support of an extended family.

For the Harush and Shahar families, the court decisions represent an important milestone after years of uncertainty. While further medical and practical steps remain, both families hope the approvals will allow them to preserve their sons’ legacies through future generations.

View original on Vos Iz Neias
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