Israel’s health minister said Tuesday that same-sex couples will be able to have children through surrogate mothers in Israel starting next week, following a Supreme Court decision made last year.
The 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. “Full equality. That is simple demand and it is goal of LGBT struggle, the long struggle of my community,” said Health Minister Nitzan Horowitz, who is openly gay. “Equality before law and equality of parenthood.”Horowitz said 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 state had argued that the law was intended to protect surrogate mothers but court ruled that it would be possible to strike a balance that would not discriminate.
In contrast with much of the conservative Middle East, 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.