12-34-56-78 Chekhov v. State of Israel, P.D. 51 (2)
- It should be clarified that the problem described is not limited to male couples, but to all those who have conducted surrogacy procedures in Northern Cyprus and have not yet settled their status as parents in Israel. According to the Attorney General, on whose behalf the current appeal was filed, the Respondents' circumstances are not unique and in fact there are other couples in their situation. In view of this, as well as the nature of the arguments at hand, we have before us a fundamental issue with broad implications, which establishes a clear justification for granting leave to appeal. We acted accordingly.
- And one more introductory note: one wonders if the term "Surrogacy" As it is known in Israeli law, it fits the description of the proceedings taking place in Northern Cyprus. This is ostensibly a terminological matter, but as will become clear later, this is in fact a substantive point. As far as we know, it is doubtful whether these proceedings include a formal stage of severing the relationship of the surrogate mother to the newborn - a central element in surrogacy procedures recognized in Israel. Given this, on the face of it, there is a real gap between the meaning of the term "Surrogacy" in Israeli law and the fertility proceedings conducted by the respondents. At the same time, for the sake of convenience and without this constituting a position, in the framework of this judgment I will use the term "Surrogacy" Also in the context of the proceedings carried out in Northern Cyprus.
- Thus, the current litigation is another link in a long chain of cases in which the courts have been required to respond to the ever-changing reality in the fields of fertility and procreation (see, for example: High Court of Justice 2458/01 New Family v. Committee for the Approval of Embryo Carrying Agreements, Ministry of Health, פ"D 57(1) 419,460-459 (2002) (hereinafter: Matter A new family); High Court of Justice 4077/12 Anonymous v. Ministry of Health, פ"D 66(1) 274,289 (2013); High Court of Justice 566/11 Mamet-Megged v. Ministry of the Interior, פ"4 66(3) 493,563 (2014) (hereinafter: Matter Mamet-Megged)). As in the past, we are facing a precedent-setting case that has not yet been discussed, which requires expanding the scope once more. And now - To the body of things.
Copied from NevoTravel Warnings Regarding Surrogacy Procedures in Northern Cyprus
- At the outset, it is worth presenting the travel warnings that have been published in recent years regarding surrogacy procedures abroad"in general and in Northern Cyprus in particular. It should be noted that the Attorney General stated that general warnings of this kind have been published as early as 2013. In any case, and more specifically, on December 31,2018, the Ministry of Foreign Affairs published a statement on its website stating as follows:
"Israelis who wish to perform surrogacy procedures abroad have the sole responsibility to ensure that surrogacy procedures are regulated by law that permits the execution of such procedures in the country in which they wish to carry out the procedure.