Israel: Supreme Court Requires Surrogate Consent for Same-Sex Adoption

Image source: Wikimedia Commons

On October 6, 2026, the Supreme Court of Israel delivered a landmark ruling overturning a previous decision by the Haifa District Court, thereby upholding an appeal filed by Attorney General Gali Baharav-Miara. The court ruled that same-sex partners must obtain formal, verifiable legal consent from surrogate mothers before they can mutually adopt each other's biological children born through overseas arrangements.

The case involved an Israeli same-sex couple whose children were born in Northern Cyprus in August 2022 through two Georgian surrogate mothers. Presiding over the appeal was a panel of three justices: Noam Sohlberg, Daphne Barak-Erez, and Ruth Ronnen. Writing for the bench, Justice Daphne Barak-Erez emphasized that while the desire to become a parent is a fundamental right, it cannot be exercised at the cost of exploiting vulnerable women.

Since January 2022, when Israel officially legalized commercial surrogacy for same-sex male couples and single men, the country has been recognized as a regional leader in LGBTQ+ family equality. Legal analysts and rights advocates underscored that this latest decision represents a critical delineation of legal boundaries rather than a rollback of queer rights, establishing essential safeguards against potential exploitation within the international surrogacy industry.

The ruling sets a binding standard for domestic recognition of cross-border surrogacy and mutual adoption procedures in Israel. By balancing family formation rights with the protection of economically disadvantaged women abroad, the judicial precedent reinforces ethical standards while ensuring the legal clarity and well-being of children within diverse households.

 

Asian Editorial Department: Kim Min-jun

Source: LGBTQ News