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Jump to navigation. This petition seeks to increase access to the surrogacy process in Israel, which is in major part regulated in the Embryo Carrying Agreements Approval of Agreement and Status of the Newborn Law, hereinafter: Agreements Law , such that it will also apply to single-sex couples and to single people, either with or without a genetic link to the newborn. Under this Bill, the circle of women eligible for the surrogacy process in Israel would be extended to include single women who are suffering from a medical problem due to which the process is necessary, on condition that the genetic link between the prospective mother and the newborn is preserved.
According to Respondent 1, in view of the introduction of the Bill, the petition does not establish cause for judicial intervention. According to the Petitioners, there is no justification for waiting for an additional, lengthy period to allow for the progress of the legislative process.
They emphasize that the Bill does not provide a solution for the Petitioners — single-sex couples and single men Petitioners Petitioner are single women who, due to medical problems, are not able to carry a pregnancy nor to donate their own ova for fertilization and implantation in the womb of a surrogate.
These Petitioners object to the requirement for a genetic link in the surrogacy process. Joubran, Justices H. Melcer, President M. Naor, Deputy President emer. Rubinstein and Justice E. Hayut concurring ruled:. The petition with respect to the requirement for a genetic link is denied. As for expanding the scope of the circle of those eligible for surrogacy to single men and to male couples, this issue must remain without a final decision at present, due to pending legislation and in light of the principle of mutual respect between the branches of government.
