Israel to open surrogacy to same sex couples to have children extending the community right to equality and parenthood

Israel is the country that would now allow same-sex couples to have children through surrogate mothers starting next week, following a Supreme Court decision made last year.

Discriminatory law annulled: The Supreme Court in July annulled parts of a surrogacy law that prevented gay couples from having children through a surrogate in Israel. That move came after court ruled in 2020 that law, which had expanded access to single women but excluded gay couples, “disproportionately harmed right to equality and right to parenthood” and was unlawful. It gave government of then-Prime Minister Benjamin Netanyahu a year to draw up a new law, but parliament failed to meet the deadline. The court said last year that change in law would take six months to come into effect, on Jan. 11, to allow formation of professional guidelines.

Supreme Court of Jerusalem: The Supreme Court in Jerusalem is the highest court of Israel and the final court of appeals. The Court consists of 15 Justices and two Registrars. The head of the Supreme Court and of the whole judicial system is the President of the Supreme Court. Justice Esther Hayut currently serves in this position.

The Impact of the New Law: Israel is generally tolerant toward its LGBTQ community. Gays serve openly in Israel’s military and parliament, and many popular artists and entertainers are openly gay. The change in law would also expand surrogacy to single men and transgender people. Under previous regulations, Israeli same-sex couples looking to become parents could not engage a surrogate, and were often deterred by additional costs of finding one abroad. The court in July annulled parts of a surrogacy law that prevented gay couples from having children through a surrogate in Israel.

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