Israel Supreme Court approves LGBTQ surrogacy rights for same-sex couples

Israel Supreme Court approves LGBTQ surrogacy rights for same-sex couples

Sawako Utsumi and Sawako Uchida

Modern Tokyo Times

The nation of Israel is multi-ethnic and multi-religious. Judaism is the largest faith in Israel followed by Islam, Christianity, and the Druze. However, other smaller religious communities that suffer persecution in Muslim-dominated nations throughout the Middle East also exist in Israel. This notably applies to the Ahmadiyya and the Bahai’s. Therefore, it isn’t surprising that Israel is more open to the LGBTQ community rather than other nations throughout the region.

Hence, the announcement that the High Court of Justice (the Supreme Court) will amend aspects of the Surrogacy Law to include same-sex couples and single fathers, is a welcome step in the right direction for the LGBTQ community. Thus with amendments to be made in the next six months, individuals once excluded will be able to go through the process of surrogacy in Israel. 

The Jerusalem Post reports, “The High Court of Justice ruled on Sunday that it would repair the unconstitutional Surrogacy Law which, until now, had excluded single fathers and LGBTQ couples. This means that within the next six months, same-sex couples and single fathers will be able to begin the surrogacy process in Israel.”

The High Court of Justice, last year, deemed the expansion of Surrogacy Law to include single women being insufficient and discriminatory. It was stated, the exclusion of same-sex couples “disproportionately harmed the right to equality and the right to parenthood.” Therefore, the High Court of Justice deemed this to be unlawful.

The Court said, “Since for more than a year the state has done nothing to advance an appropriate amendment to the law, the court ruled that it cannot abide the continued serious damage to human rights caused by the existing surrogacy arrangement.”  

Voice of America reports, “In contrast with much of the conservative Middle East, Israel is generally tolerant toward its LGBTQ community. Gay people serve openly in Israel’s military and parliament, and many popular artists and entertainers, as well as the country’s current health minister, are openly gay. Nonetheless, obstacles — including the absence of civil marriage that would allow same-sex marriage — remain.”

Some religious and political voices opposed to the ruling by the High Court of Justice have been raised in Israel. 

https://www.jpost.com/israel-news/what-are-politicians-saying-about-high-court-approval-for-lgbtq-surrogacy-673493

https://www.voanews.com/middle-east/israeli-court-oks-surrogacy-same-sex-couples

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