Our second podcast is with Dr. Haim Abraham, a lecturer at the University of Essex. He gives us an informative discussion on surrogacy in relation to the LGBTQ+ community in Israel, educating us on the developments being made and the ones needed to ensure they have equal rights to surrogacy.

As the LGBTQ+ community in Israel grows so does their advocation of equal rights. Within Israel, the Embryo Carrying Agreement Act is how surrogacy is regulated. However, its requirements discriminate against the LGBTQ+ community, such as only allowing surrogacy to be available for married heterosexual couples.

In recent years, there have been achievements; the courts acknowledging LGBTQ+ relationships and recognizing that the law is discriminatory towards same-sex couples as seen in 2010 case of Arad-Pinkas (HCJ 1078/10 Arad-Pinkas v The Surrogacy Agreements Approval Committee) which led to a petition for law reform. Nonetheless, the courts argued that the law was proportionate due to the lack of research on its effect on familial structure regardless of the acceptance of surrogacy undertaken abroad. This led to the financial burden on Israel’s LGBTQ+ couples to undertake surrogacy abroad which costs more than $100,000 and thus discriminates against the LGBTQ+ community.

Ultra-Orthodox Jewish parties in the Knesset continue to advocate for a fully religious vision of Israel. These religious considerations caused a lack of political support for the LGBTQ+ movement and led to LGBTQ+ rights not seen as legitimate rights as they go against religious belief. This is evident under the Embryo Carrying Agreement Act which is how surrogacy is regulated in Israel. The Act includes legal requirements that discriminate against the LGBTQ+ community and shows the importance of religious attitudes, where particular attention was given to Jewish law. This can be seen in the requirements stated for surrogacy, in particular that the procedure is available for only married heterosexual couples as well as the requirement for the intended parents and surrogate to follow the same religion.

Additionally, homophobic attitudes are still present with the communities. Regardless of the enormous pressure for change since 2010, the lack of action shown by the government reveals the long road ahead for the LGBTQ+ community.

LGBTQ+ Organisations in Israel

- Tehila

- The Aguda (The Association for LGBTQ Equality in Israel)

- Iggy The Proud Youth Organisation (Israel’s national LGBTQ youth organization)

- Bat-Kol(the only NGO of LGBTQ women in Israel)

Extra Resources

- Dr Haim’s research paper on surrogacy in Israel can be found here

- Surrogacy in Israel Conference

If you wish to be involved in a future season of the LGBTQ+ Pride and the Law: A Podcast, please contact elawclinic@essex.ac.uk for more information!