In a dramatic development for same-sex couples in Israel, the country’s top court struck down on Thursday a law that blocks single men and gay couples from using surrogacy to have children — giving the Knesset a year to pass a new law.
A summary of the decision publicized by the High Court of Justice said current surrogacy laws “disproportionately violate the right to equality and the right to parenthood of these groups and are illegal.”
The decision was unanimous by the five-judge panel, led by Chief Justice Esther Hayut and including justices Hanan Melcer, Neal Hendel, Yitzhak Amit and Uzi Fogelman. Current law only allows surrogacy for heterosexual couples or single women who are unable to have a child.
Attempts in recent years to expand access to surrogacy to the LGBT community have faced vehement opposition from Haredi political parties.
Thursday’s ruling will force the Knesset’s hand, or see the court strike down the restrictions on single men and same-sex couples next year. The rights group Avot Ge’im, “Proud Fathers,” one of the petitioners in the case, called it a “dramatic and exciting” moment.
“We won!” the group said in a statement. “This is a dramatic and exciting day, in which Israel at long last strides toward the family of the world’s most advanced nations when it comes to LGBT rights. We’re delighted that after 10 years [of legal petitions], the High Court made the courageous and correct decision, which delivered economic and social justice for tens of thousands of LGBT couples. There is still a long way to go to complete equality, but as of today we can all establish beautiful families — just like everyone else.” Read more via TImes of Israel