In precedential ruling, Ramat Gan Family Court criticizes Interior
Ministry's requirement that baby's egg donor file for adoption.
The
Ramat Gan Family Court decided Sunday, in a precedential verdict, to
recognize both women of a lesbian couple as the mothers of a baby boy.
The
lesbian couple underwent a medical procedure six years ago with the
permission of the Health Ministry, in which the egg of one woman was
fertilized with the sperm of an anonymous donor and implanted in the
womb of her partner.
In 2007 their son was born,
but the Interior Ministry only registered the child bearer as the son's
mother. The ministry refused to recognize the parental rights of the
woman who donated the egg and required that she file for adoption. The
couple refused the Interior Ministry's requirement and, instead,
appealed to the courts with a demand to recognize the donor as the
baby's second mother.
The
state claimed it would not be possible to automatically recognize both
women as mothers, and emphasized that prior to the approval of the
fertilization procedure it was made clear to the complainants that the
egg donor would not be recognized as the mother of the child.
Judge
Alyssa Miller criticized the state's requirements of the egg donor,
"T", to adopt the boy. "In the case before us, T and the minor are blood
relatives. The minor is T's flesh and blood," the judge wrote in her
precedential verdict. "Therefore, it is no clear reason why T could
adopt him, a possibility that contradicts common sense and healthy
logic."
Following the verdict, 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."
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