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Parenting, Surrogacy, and the State

Abraham, H; (2017) Parenting, Surrogacy, and the State. Hebrew University Journal on Legislation , 9 pp. 171-209. Green open access

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Abstract

Surrogacy allows individuals to have children with a genetic link and start a family. In Israel, this procedure has been regulated by law for 20 years. The law allows for heterosexual couples to contract in a surrogacy agreement with a surrogate mother, but in order to undergo the procedure the contract must be approved by a statutory committee. Thus, while the law has alleviated the distress of some, it discriminates against single and same-sex parents, and infringes on their right to parenthood based on their sex, sexual orientation and personal status. This paper reviews and analyzes the legal and social developments regarding parenting and surrogacy in Israel, and consequently shows that the current law is not only discriminating against single and same-sex couple but it is also leading to a breach of the state’s positive and negative obligations.

Type: Article
Title: Parenting, Surrogacy, and the State
Open access status: An open access version is available from UCL Discovery
Publisher version: https://en.law.huji.ac.il/book/hukim#:~:text=Hukim...
Language: Hebrew
Additional information: This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Surrogacy, Parents, Discrimination
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10141130
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