Jerusalem: The Israeli Supreme Court on Sundays clears the road for same-sex couples to have children through a replacement mother, a step praised by MPs and activists as victories for LGBTQ rights.
The court decided by 2020 that the Streetman Law, which has expanded access to single women but excluded same-sex partners, “in disproportionately harm the right to equality and the right to parents” and violate the law.
This gives the government a year to compile new laws, but parliament fails to meet deadlines.
The court said that Sunday that “because for more than one year the state did not do anything to advance the right change in the law, the court decided that it could not adhere to sustainable serious damage to human rights caused by existing surrogacy settings.” Legal changes must apply in six months to enable the formation of professional guidelines, he said.
Aguda, the Israeli LGBTQ activist group, praised the decision as “a historic landmark in our struggle for equality.” The Ultra-Orthodox Paku Aryeh Deri, who was previously the country’s interior minister, wrote on Twitter that the court’s decision was another serious blow to Israeli Jewish identity and that “most of the people desire to maintain the Israeli tradition, preserve the values of the Jewish family.” Deputy Foreign Minister Idan Roll, a member of the Gay Knesset openly, replying to: “I am sure that most nations love and respect my Jewish family created through Surrogi.” EtiA and Yoav Pinkas Arad, gay couples who appeal to court on Surrogium law in 2010, said the verdict “was a big step for equality not only for LGBTQ in Israel, but for equality in Israel in general.” Under the existing regulations, the same-sex couple of Israeli who wants to be parents cannot involve a replacement, and are often prevented by additional costs to find one abroad.
The state believes that the law is intended to protect the surrogate mothers but the court decides that it will be possible to achieve a balance that will not discriminate.
In contrast to most conservative Middle East, Israel is generally tolerant of the LGBTQ community.
Gay presents openly in Israel’s military and parliament, and many popular artists and entertainers, as well as the current Minister of State Minister, openly gay.
Even so, obstacles – including the absence of civil marriages that will allow same-sex marriage – remain there.