There is an interesting case brewing in Israel right now. A local couple — Itay Pinkus and his partner Yoav Arad Pinkus — are petitioning Israel’s High Court to allow them to become parents via a surrogate mother.
At the moment, Israel only allows mixed-gender couples to become parents via surrogacy; same-sex couples who want to use a surrogate are forced to leave the country and do so abroad.
Considering that he was once a Tel Aviv City Councilman, Pinkus is no stranger to politics — so it’s hardly surprising he’s taking his case to court.
What’s more, the couple — who were married in Canada — won a previous High Court case in late 2006 demanding that their marriage be recognized in Israel just like a heterosexual couple.
Now back before their judges, their tactics this time are interesting: According to the couple’s lawyer Dori Spivak, the case hinges on the economic inequality inherent to the current system. Because Gay couples can only use surrogates abroad, it places an unfair economic burden on such couples. The costly system renders Gay couples with less economic means unable to become parents.
According to their claim:
“this is a track riddled with hardships that is possible only for those with significant resources while depriving a couple from a low socio-economic level.”
The couple have turned to surrogacy after years of attempting to have a child via other methods — all of which were unsuccessful.
Interestingly, the couple are requesting the High Court move quickly with their petition — which local law folks say is unlikely — because any delay will cause them suffering due to their advanced age.
Both are 37!
(clearly these two do not live in NYC!)
Good luck to the couple.