The highest court of justice made a decision on surrogacy

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The highest court of justice made a decision on surrogacy

Today, the High Court of Justice (BAGAC) demanded that Israeli lawmakers allow single people and same-sex couples to resort to surrogate motherhood. However, the implementation of this requirement has been postponed for half a year, so that the legislators during this time would approve a new amendment to the law, which has already passed the first reading.

At the same time, the amendment in question does not give such a right to single men and same-sex couples. According to Judge Salim Jubran, who participated in the decision, the Knesset, when approving the amendment in the final reading, should take into account this aspect, the recommendation of the High Court and eliminate the discriminatory moment.

In a private definition given on behalf of Jubran, it is also noted that the court “experiences discomfort from the existence of the law in its current form. It is difficult to accept the situation when single people and same-sex couples are not given the opportunity to exercise their right to become parents in the framework of surrogate agreements. The law grants this right to one group, but excludes the other, just because of its personal nature, preferences, orientation, or lifestyle. ”

The judge also added that he sees no reason for allowing heterosexual parents to prefer same-sex parents.

During the last hearing of the case, which took place in January, judges of BAGAC criticized the activities of legislators and government structures for blocking surrogate motherhood for same-sex couples, while making it clear that the Supreme Court of Justice will intervene if no solution is found. However, according to parliamentarians, such decisions should be made in the Knesset, and not in court.

Until now, same-sex couples seeking to have children resorted to surrogate motherhood abroad.

It should be noted that the law adopted twenty-one years ago stipulated that “surrogate motherhood is allowed only for a man and a woman who live together and are considered a couple”.

The provision of this law two years ago, tried to challenge Yoav and Itay Arad-Pinkas, which was joined by another gay couple and two single women.

As already noted, two weeks ago, the Knesset passed the first reading of a bill that would allow single women to enter into contracts with surrogate services, but based solely on medical indicators. In the law, we repeat, nothing is said about surrogacy for same-sex couples.

Origin: information and analytical portal "DETAILS"