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Israel’s Chief Justice Hayut attacks state’s ban on gay male surrogacy

Israel’s Chief Justice Hayut attacks state’s ban on gay male surrogacy

Esther Hyaut slams israel gay surrogacy ban

Supreme Court President Esther Hayut has attacked the state’s ban on surrogacy for gay fathers, saying it should be available to both women and men.

A petition filed by Etai and Yoav Pinkas-Arad called on the Isreali government to amend its surrogacy law so that both couples and individuals are given an equal chance to become parents.

During a hearing of the petition, Hayut questioned the validity of the government’s stance. According to Haaretz, she said: ‘This could be blatantly unconstitutional.’

Currently, women are allowed to use surrogacy services if they suffer from a medical problem. The judges at the hearing asked the state’s representative why there was a distinction.

Justice Neal Hendel said: ‘Two people cannot bear a child, but one has a constitutional solution and the other doesn’t.’

Hayut then added: ‘We are asking about a constitutional principle of equality, whether it is being undermined or not. Why are women allowed and men not?’

In response, the state’s lawyer claimed the surrogacy law is ‘very, very innovative, even from a global perspective.’ Hayut countered that citizens were travelling abroad.

The lawyer also claimed by allowing gay men to use surrogacy, demand could exceed supply. However, Hayut responded: ‘Does this justify disqualifying this group?’

What’s next?

After the hearing, Hayut announced there would be no more hearings on the petition. This means the state is granted 30 days to submit an answer to whether the law discriminates. The court will then rule.

This comes after Israel’s top court ruled that both gay parents have the right to be put on birth certificates.

The landmark case came after two gay men were refused their names on their sons’ birth certificate. It now means the Interior Ministry cannot refuse this right based on any parents’ sex.

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