Last week, I wrote about the Israeli government passing an amendment to their surrogacy statute. The amendment did have one positive aspect; it allows single women — who had before not been able to use the surrogacy process in Israel — to enjoy the benefits afforded to heterosexual married couples. But unfortunately, the amendment missed a golden opportunity to expand the right to use surrogacy to the Israeli LGBTQ community. That puts Israel behind the United States in terms of surrogacy rights, though still ahead of much of Europe, where most countries ban surrogacy altogether, regardless of sexual orientation. Still, the missed opportunity stung hard for the LGBTQ community.
Background
The addition of gay couples to the Israeli surrogacy statute had been an ongoing part of the Israeli LGBTQ community’s legislative agenda. The idea had become so popular that even Likud Prime Minister Benjamin Netanyahu — who is on the conservative side in Israel’s complicated political atmosphere — had indicated that he supported LGBTQ surrogacy rights. However, at the eleventh hour, Netanyahu switched course and voted against the addition of a clause to the new amendment that would have included access to surrogacy access for both single men and same-sex couples.
What Your Clients Say When They Know You Won’t Hear It
Download this 63-page survey report and get the truth about the legal client experience.
The Israeli LGBTQ community was disappointed, but not necessarily surprised, by the sudden shift. Rather than acting defeated, their reaction has been to mobilize in force. Shortly after the new law passed, the Agudah, the Israeli LGBTQ community’s umbrella organization, announced plans for a worker’s strike on Sunday. Significantly, Sunday is the first day of the work week in Israel (like our beloved Monday) and this particular past Sunday was Tisha B’Av, a Jewish day of fast. Victoria Gelfand, an Israeli attorney specializing in surrogacy and LGBT rights, explained to me that Tisha B’Av commemorates the Destruction of the Temple, which happened because of unjustified hatred. “The strike symbolized the fight against unjustified hatred of the lawmakers towards LGBT persons.”
Gelfand further explained some of the deep-rooted frustrations of the LGBTQ community. “The government markets Israel as a gay haven, but none of the achievements have been at the government’s initiative.” The progress has been a result of endless fights in Israeli courts — including Gelfand’s own victories, such as earning paid paternity leave for gay dads. And the progress has happened despite relentless objections by the Attorney General.
Support for the strike even came from some unlikely sources. Hundreds of companies announced their support of the community, and their support for their own employees who wanted to participate in the strike. Instead of going to work, the hope was that strikers would attend a large demonstration to protest the new law. And people showed up. A lot of people. Reports indicate that over 100,000 protesters were out in Tel Aviv. Protesters also came out in mass in Jerusalem, Haifa, and other major cities.
Some Serious Support
Stand With Survivors: Legal Tools To Make A Real Difference This DVAM
Enhance your legal skills to advocate for survivors of intimate partner violence.
In addition to supporting the strike, some companies doing business in Israel also announced that they would financially support their employees who wished to go through surrogacy, whether it be in Israel or other countries. Both Microsoft Israel R&D Center and Mellanox Technologies said that they would contribute funds to any employee starting a family through surrogacy. Microsoft announced, “The current text of the surrogacy law excludes the LGBT community and denies them the basic human right to establish a family.” That’s strong language coming from a corporation without a direct interest in the underlying legislative issue! And it’s hard to imagine a worker’s strike in America for any political cause, much less one supported by the very companies the employees work for.
Microsoft went further, calling the new statute a “a regrettable and unequal law.” They promised that any employee “who decides to set up a family using surrogacy will receive [60,000 Shekels] irrespective of gender, ethnicity, sexual orientation, age, or marital status. Everyone!” Of course, 60,000 Shekels converts to only about $16,500 in U.S. dollars, so that’s just a fraction of the overall cost of surrogacy. But that’s still a significant and meaningful contribution.
Israel Is In California, Right?
One encouraging part of the huge surge of public support for the LGBTQ community, and access to surrogacy to become parents, is that, lest we forget, Israel is one of the few countries in the Middle East where the LGBTQ community can openly advocate for their rights. People in nearby countries are often put to death for being discovered as L, G, B, T, or Q! And even Turkey, which is, in comparison to other Middle Eastern countries, more open with respect to LGBTQ issues, outlaws surrogacy and has had a push to make it illegal for Turkish citizens to use surrogacy either inside or outside of the country. Turkish intended parents — even your regular married, heterosexual couple with infertility — could face time in prison for having a child via surrogacy.
As a professional helping families navigate surrogacy when it is their best or only option to parenthood, it is all too common to encounter hostile anti-surrogacy views from the international community, and even from some outspoken voices within the United States. There are those who believe that surrogacy exploits women, involves some form of human trafficking, or is generally not in accordance with their religious beliefs. But this is in sharp contrast to others who believe that individuals with infertility issues should be able to harness advanced medical technology to fulfill their dreams of parenthood. So given the frequent criticism, it was amazing to see the massive support this past week of people demanding increased access to surrogacy!
Ellen Trachman is the Managing Attorney of Trachman Law Center, LLC, a Denver-based law firm specializing in assisted reproductive technology law, and co-host of the podcast I Want To Put A Baby In You. You can reach her at [email protected].