Israeli same-sex couples seek end to surrogacy discrimination

Though Knesset amended law in 2018 to include surrogacy for single-mothers, ban is maintained for same-sex couples and single gay men, forcing them to spend tens of thousands of dollars for services abroad

AFP|
Israelis Harel Barak and Yakir Kanneli have been married for four years - but as a gay couple, they are legally barred from starting a family.
  • Follow Ynetnews on Facebook and Twitter

  • Israel had passed a series of progressive laws on LGBTQ rights and has several openly gay men serving in Knesset, but surrogacy remains off-limits to same-sex couples, forcing some to seek solutions abroad.
    5 View gallery
    Harel Barak (L) and his husband Yakir Kanneli (R) pose for a picture with an empty stroller at a park in the Israeli coastal city of Tel Aviv
    Harel Barak (L) and his husband Yakir Kanneli (R) pose for a picture with an empty stroller at a park in the Israeli coastal city of Tel Aviv
    Harel Barak (L) and his husband Yakir Kanneli (R) pose for a picture with an empty stroller at a park in Tel Aviv
    (Photo: AFP)
    "Israel is a leader when it comes to medically-assisted fertility, couples come from all over the world to benefit from our effective care, but we're cut off from it," said Barak, a 38-year-old lawyer.
    Progress may be imminent following a February supreme court ruling ordering Knesset to end discrimination in surrogacy.
    When surrogacy was first legalized in Israel in 1996, it was only available to heterosexual couples.
    In 2018, lawmakers amended the bill, expanding surrogacy rights to single women but maintained bans for same-sex couples and single gay men.
    5 View gallery
    מחאת הקהילה הגאה תל אביב
    מחאת הקהילה הגאה תל אביב
    Demonstrators in Tel Aviv protesting Knesset's decision banning same sex couples from surrogacy rights
    (Photo: AP)
    That decision triggered large protests, notably in Tel Aviv, home of the Middle East's largest annual gay pride parade and which sees itself as a center of tolerance and progressive values on LGBTQ rights.
    "It's very frustrating," said Harel. "Especially since we pay our taxes like everyone else."

    Double the cost

    According to the Association of Israeli Gay Fathers, gay couples in the Jewish state spend up to $100,000 for surrogacy services in the U.S. or Canada.
    "In Israel, it would cost them half that," said Julien Bahloul, the group's spokesman.
    Harel said he and his husband were searching for a surrogate in Canada, making them among the "dozens and dozens" of gay Israeli couples that pursue a family abroad each year.
    "We would have preferred to do it at home, in Israel, surrounded by family," he told AFP.

    Ultra-Orthodox

    The supreme court order to end discrimination in surrogacy within 12 months followed a complaint by a collection of LGBTQ rights groups.
    But a bill to widen access to surrogacy introduced by Idan Roll, an openly gay lawmaker from the main opposition Yesh Atid party, was rejected by Knesset on July 1.
    5 View gallery
    מצעד הגאווה בבית שמש
    מצעד הגאווה בבית שמש
    Yesh Atid MK Idan Roll speaks at a Gay pride event in 2019
    (Photo: Alex Kolomoisky)
    Israel's majority center-right coalition includes members of the two main ultra-Orthodox parties, United Torah Judaism and Shas, whose hardline religious agenda is often opposed to LGBTQ rights.
    In a major frustration for Roll, members of the Blue & White party, which previously included Yesh Atid before their alliance split up, abstained during the vote.
    Blue & White fractured over leader Benny Gantz's decision to join right-wing Prime Minister Benjamin Netanyahu in government.
    5 View gallery
    נתניהו, דרעי וגנץ בישיבת סיעה של ש"ס
    נתניהו, דרעי וגנץ בישיבת סיעה של ש"ס
    Defense Minister Benny Gantz and Interior Minister Aryeh Deri
    (Photo: Amit Shabi)
    Roll accused Gantz's party of "playing games and going behind the backs of gay couples who just want to be parents".
    He said Blue & White probably abstained to avoid alienating their ultra-Orthodox coalition partners.
    But Justice Minister Avi Nissenkorn, a member of Blue & White, said the government intended to comply with the supreme court ruling and would introduce its own surrogacy bill by the end of the year.

    Just give me grandchildren

    For Bahloul, Knesset's inability so far to pass a law ending surrogacy discrimination shows that lawmakers are out of touch.
    "There is a huge disconnect between the mentality of Israeli citizens and their political representatives," he told AFP.
    "All polls indicate that a vast majority of Israelis support gay marriage and surrogacy", he said.
    5 View gallery
    מצעד הגאווה הראשון בעיר נתניה
    מצעד הגאווה הראשון בעיר נתניה
    The Gay Pride Parade in Netanya in 2019
    (Photo: Yair Sagi)
    He attributed that support to the primacy of family in Jewish tradition, adding that notions of family have broadened with the rising numbers of prominent same-sex couples, including politicians and celebrities.
    Same-sex couples with children "have become commonplace," Bahloul said.
    "The local joke now is that when you come out to your mother, she says: 'Fine, just give me grandchildren.'"

    Complicated by corona

    Given the cost of pursuing surrogacy abroad, couples like Barak and Kanneli often have to take out loans, or even host fundraisers before moving forward.
    Many gay Israeli couples have turned to a Toronto-based company "Babies Come True" which caters in part to same-sex couples.
    The service has been complicated by the coronavirus pandemic that has severely limited travel, but Barak said he and his husband remain committed.
    "We'll make it to the end, despite all the obstacles, because having a child is what we want most in the world."
    Comments
    The commenter agrees to the privacy policy of Ynet News and agrees not to submit comments that violate the terms of use, including incitement, libel and expressions that exceed the accepted norms of freedom of speech.
    ""