Israel court rules in favor of lesbian couple in unprecedented move for worldwide motherhood debate.
Photo by Andrew Ratto.
An Israeli lesbian couple have both been recognized as the mothers of a baby boy by the court, in an unprecedented move for the country.
The lesbian couple underwent a medical procedure with the permission of the government six years ago, in which the egg of one woman was fertilized with the sperm of an anonymous donor and implanted in the womb of her partner.
Their son was born in 2007, but Israel’s Interior Ministry said the woman who donated the egg would have to apply for adoption.
The state claimed it would not be possible to recognize both women as mothers of the child, and emphasised this was told to the couple prior to the insemination.
But Judge Alyssa Miller, of Ramat Gan Family Court, overruled the ministry and criticized the state's requirements of the egg donor, known as 'T', to adopt the boy.
She said: ‘In the case before us, T and the minor are blood relatives. The minor is T's flesh and blood.
‘Therefore, there is no clear reason why T could adopt him, a possibility that contradicts common sense and healthy logic.’
The couple’s lawyer said: ‘This is a great achievement. This is a precedent not only on a national level, but on a worldwide level.’
In the USA, the Florida courts are currently debating the case of a lesbian couple, a biological and birth mother who have separated leading to a custody battle over their eight-year-old girl.
Israel is one of the most progressive countries in the region for gay rights, being the first country in Asia where homosexuals were protected by anti-discrimination laws.