The Health Ministry proposal has won accolades from gay rights advocates, but is also being criticized for restricting the use of surrogacy abroad to couples who pay for the services of intermediary companies licensed by the government or clinics approved by special committees.
The bill, which seeks to regulate surrogacy abroad for the first time, states that those who use surrogates abroad without going through an approved intermediary could face one year in prison.
Until now, Israeli couples have been able to use surrogates in other countries without paying the tens of thousands of shekels usually charged by surrogacy agencies.
“This law is a disgrace,” said Ilan Seinfeld, a single father of two-year-old twins born through surrogacy in India, said in the haaretz.com report. “Instead of the government trying to create equality, it is creating the opposite.”
Seinfeld, 54, independently paid an Indian woman 250,000 shekels ($70,000) for the surrogacy.
“Theoretically, Health Minister Yael German’s intention to improve the surrogacy law is a good thing. It is meant to create equality in a place where there is none,” Seinfeld wrote on his Facebook page. “In practice, this proposition is going to destroy the chances of people like me to bring children into the world through surrogacy, or make us criminals who could face a year in prison.”
Etai Pinkas, who heads the LGBT Pride Center in Tel Aviv and is a city council member who, along with his partner Yoav Arad, petitioned the Supreme Court to allow same-sex couples to have children through surrogacy in Israel, said he welcomes both elements of the bill.
“If there is strict supervision over the agencies — both in terms of the price they charge and the service they provide — it will ultimately be for the good of the couples or singles who turn to surrogacy,” said Pinkas. He and Arad have three children born through surrogacy: twins born in India and a baby girl born in Thailand, haaretz.com reported.
The first draft of the bill was published by the Health Ministry legal adviser, Mira Hivner-Harel, and the bill will be open to suggestions from the public for three weeks.
The legislation process for this bill is expected to take quite some time, due to the sensitivity and complexity of the issue.