The Israeli Supreme Court issued a ruling on Sunday permitting same-sex couples to pursue surrogacy, a decision met with praise from LGBTQ+ advocates while facing criticism from conservatives. This ruling follows a legal battle that began over a decade ago, with the court, led by Justice Esther Hayut, mandating the removal of restrictions on surrogacy for same-sex couples within six months.
Israel holds a progressive position in the Middle East regarding LGBTQ+ rights, featuring several openly gay members in parliament. However, surrogacy for same-sex couples had remained prohibited, prompting many to seek options abroad in countries such as India, Nepal, the United States, and Thailand.
Israel first allowed heterosexual couples to engage in surrogacy in 1996, followed by single women. In 2010, same-sex couple Itay and Yuval Arad-Pinkas petitioned Israeli courts for the right to surrogacy but initially faced setbacks. They submitted a renewed petition in 2015 alongside LGBTQ+ rights supporters.
Last year, the Supreme Court ordered parliament to end discrimination in surrogacy within 12 months, deeming the prohibition against same-sex couples and single men unconstitutional. Right-wing Knesset members opposed the efforts, hindering progress on the matter. The newly elected Knesset members from the March elections have not made any advancements in this area.
Justice Hayut stated, "We cannot tolerate the ongoing significant harm to human rights resulting from the current surrogacy regulations." While supporters hailed the ruling as a step toward equality, opponents viewed it as undermining family values.
The new Israeli government is expected to see debates surrounding this issue, particularly as its coalition includes the "Meretz" party, led by openly gay Health Minister Nitzan Horowitz, and the Islamist United Arab List party, which refers to homosexuals as "deviants." In his first reaction, Horowitz praised the court's decision, stating on Twitter, "Equality, finally," and indicated that his ministry will prepare to receive surrogacy applications from men.
