The Supreme Court of Israel ruled that same-sex couples and single men will be able to access belly surrogacy Y I consider their exclusion unconstitutional. Last year legislators were given 12 months to end discrimination related to surrogacy. “Any legislation seeks to promote human rights and not harm them,” the sentence affirms.
The president of the court, Esther Hayut, wrote in her decision: “We cannot accept the continuing damages and human rights violations of the current regime.”
Surrogacy It is allowed in the Middle Eastern country since 1996, but only heterosexual couples could access it and then it was extended to single women, therefore, homosexual couples had to turn to countries such as India, Nepal, Thailand and the United States to start a family.
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With Sunday’s ruling, Israel advances one more box regarding equality and the rights of the LGBTQ + community.
From the official Twitter account of Meretz, a political party of the Israeli left, stated: “This is a historic day for the LGBT community and for Israeli society as a whole. Discrimination against homosexuals and single parents in the right to parenthood will be stopped ”. What’s more, Nitzan Horowitz, President of Meretz and Minister of Health of Israel, said: “Finally equality! When I entered the Ministry of Health, it was clear to me that discrimination and procrastination had to end. Therefore, I informed the High Court in a clear voice: this petition is correct and we are prepared for any ruling that gives real equality, and it will be. The Ministry of Health is already preparing to defend the decision ”.
Idan Roll, Vice Minister of Foreign Affairs, who belongs to the community, said that it is a historic decision of the National Court and that the right to be a father is a fundamental right and henceforth the same. “I will work from within the government to practically advance the decision in order to finally allow proud couples and single men to start a surrogacy family in Israel,” he said.
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On the other hand, Bezalel smotrich, a far-right deputy from the Religious Sonism party, assured that the government together with the High Court “has set itself a goal: to erode the Judaism of the State of Israel, another brick was thrown at the wall of the Jewish family.”
Aryeh Deri, former Minister of the Interior and currently legislator and leader of the Shas party also spoke out against this measure: “The decision of the High Court to extend the Surrogacy Law is a serious and additional violation of the Jewish identity of the State of Israel. Most of the people wanted to preserve the tradition of Israel, the preservation of the values of the Jewish family.
In 2010, Etai Pinkas y Yoav Arad, who have three daughters, two who were born by surrogacy in India and the third, with the same method, in Thailand, they were the first homosexual couple to take the case to court And after a judicial setback in 2015, they launched a petition with LGBTQ + rights groups.