A mother and her baby (illustrative).
(photo credit: ING IMAGE/ASAP)
Attorney-General Avichai Mandelblit told the High Court of Justice that the Surrogacy Law limiting surrogacy to only married men and women should be amended by lawmakers to also include single women with medical problems.
Mandelblit’s stance was made following a petition to the High Court surrounding the legality of the phrase “expectant parents” in the law, which refers only to a “married man and woman,” precluding single women, single men, and gay couples from using a surrogate.
According to the attorney-general, due to the “complex and sensitive nature” of the issue and in light of the “broad ramifications that may arise,” there is no room to expand the eligibility based on interpretation.
Rather, he said the legislators should address the issue and amend the law as part of the legislative process, including the question of a genetic connection of the mother-to-be to the child.
As such, Mandelblit proposed that the government should take steps to amend the law to enable all women to resort to surrogacy for medical reasons, regardless of the whether they have a spouse or not.
With regards to men and male same sex-couples his position was not so clear.
“In this context is seems that there are, in principle, different procedures relevant to surrogacy, between a man without a spouse and a woman with or without a partner, who has a medical problem,” Mandelblit said.
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“Thus, while surrogacy can be a solution for extreme cases of women with or without a partner who suffer from a medical condition, opening proceedings of surrogacy for men without [female] partners, in which there is no concern regarding an extreme medical case, raises different complexities,” he added.
As such, Mandelblit stated his position is that legislators should examine this issue as well in their amendment of the surrogacy law.
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