Israel’s High Court Rebukes State for Ignoring Petition on Same-sex Surrogacy

The High Court of Justice has ordered the state to respond to a year-old petition to award same-sex couples and individuals eligibility to use surrogate mothers.

The Arad-Pinkas family on a coffee break in court (Photo: Facebook)

The High Court heard the petition Tuesday in an expanded five-judge panel headed by the court’s president, Miriam Naor.

Last week the state sought a postponement to let the new attorney general, Avichai Mendelblit, “examine the feasibility of the Health Ministry initiating a procedure to amend the law.” The court, which will hold another hearing in three months, ordered the state to respond within two months.

The petitioners – the couple Etai and Yoav Arad-Pinkas, Tammuz International Surrogacy and the Israeli Gay Fathers Association – seek a ruling expanding surrogacy rights to include single men, single women and same-sex couples.

“You are putting us in an impossible situation because there has been no response,” Naor said at the opening of the short hearing, addressing the attorney general’s representative, Nahi Benor. “You say, ‘There was a bill, it got stuck, there’s a new attorney general,’ without addressing the crux of the matter.”

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