Israel’s Homosexual Couples Granted Rights by High Court to Have Progeny via Surrogacy

The recent decision by the Israeli Supreme Court has created happiness amongst the homosexual couples. The decision grants the right to same sex couple to have children through surrogacy. It’s a big win for the people as the decade long battle came to an end. This can be attributed as a major progress in the rights granted to LGBTQ community. The court ruled out in its decision that within a time period of six months all the curtailments in the surrogacy treatment of same sex couples and single fathers must be scrapped. The move was to grant the authorities some time to prepare for the same with a clear and straight objective.

One of the petitioners expressed his gratification by saying “We won and now it’s final. ‘This is a big step for equality not only for LGBT in Israel but for everyone in Israel’ in his statement given to Times of Israel.

For single women and hetero couples there were no restrictions and were already free from this trap. Couples of the same sex were not included in the same.

This long battle of equality is not just a recent movement. It started a decade back in 2010 when a male sex couple moved to court for retracting the restrictions. Though they were unsuccessful at the first place but didn’t lose the hope and again applied for the same in 2015 along with some LGBT rights groups.

In 2018, a law passed created a huge outrage as it enhance the eligibility for surrogacy to single women but didn’t included the LGBTQ people.

In February 2020, Israeli high court made a statement saying that restrictions against gay couples disproportionately harmed the right to equality and right to parenthood of these groups and are illegal.

Though the statement was made in February 2020 and giving a time period of a year till March 2021 to consider the decision and change the law.

The last date however was changed and altered to September 2021, but according to Times of Israel the government has asked the court to reconsider the decision as revising the law in current political situation would be farfetched.

According to Agence France Presse since the Supreme Court ruling in the matter, some ultra orthodox law makers occluded a proposal which aims to enlarge the surrogacy access.

Israel is considered a figure head in the rights of LGBTQ rights across the Middle East. Same sex marriages performed overseas are considered by the state and individuals belonging to LGBTQ community are allowed to serve in military and the parliament openly. Though same sex couples can not marry in Israel and ultra orthodox communities and politicians are pugnacious towards the LGBTQ rights.


The Aguda, one of the Israeli LGBTQ rights group praised the court’s decision and stated it a historic milestone in the struggle for equality. The group also pointed out that there is still discrimination and inequality faced by the LGBTQ people in adoption and marriage rights.

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