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Will Israel include same-sex couples in surrogacy law?

Over a year after Supreme Court asked government to amend surrogacy law to include single men, same-sex couples, health minister asks court to amend law. There is "zero chance" of current Knesset amending law, he says.

by  Yair Altman
Published on  07-07-2021 08:25
Last modified: 07-07-2021 08:25
Will Israel include same-sex couples in surrogacy law?Marc Israel Sellem

Health Minister Nitzan Horowitz speaks at a Maccabi health clinic in Holon, July 6, 2021 | Photo: Marc Israel Sellem

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Health Minister Nitzan Horowitz has asked the Supreme Court to amend Israel's surrogacy law to include same-sex couples and single men.

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In February 2020, the Supreme Court ruled the 2018 law, which expanded access to surrogacy in Israel to single women but excluded gay couples, "disproportionately harmed the right to equality and the right to parenthood" for same-sex couples and that it was unlawful. It gave the state a year to change the law.

The state had argued that the law was intended to protect surrogate mothers but the court ruled that it would be possible to strike a balance that would not discriminate.

Noting his support for expanding surrogacy in Israel, Horowitz said the current composition of the government would not allow such a change to the legislation to move forward.

"My position is, and I will seek to update the Supreme Court, that the Health Ministry will not oppose the court issuing a supplementary judgment, within the framework of which it orders operational relief that expresses the state's commitment to the equal rights and parenthood of single men and same-sex couples, to cure the flaw in the law."

He continued: "On this issue, many private legislative proposals have been submitted over the years, including a government bill, but they made no progress at all. From the inquiries I made in recent days it appears there is zero chance of amending the law in the current Knesset."

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Tags: Israelsurrogacy

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