Israeli Court Orders State to Register Both Mothers in ROPA Surrogacy Cases Without Court Order

The Tel Aviv Administrative Court, led by Judge Michal Agmon-Gonen, issued a landmark ruling requiring the Israeli government to register both mothers in cases where a same-sex female couple has undergone the ROPA (Reception of Oocytes from Partner) fertility procedure abroad. This decision eliminates the need for a judicial parenting order to recognize the genetic mother alongside the birth mother. The ruling arose from a petition filed by a lesbian couple, Or Rabad and Rechali Hasson, who underwent the ROPA procedure overseas due to Israeli medical regulations prohibiting embryo transfer to a woman who did not provide the egg, except through surrogacy or anonymous donation.

The court found that since there is a proven genetic link, no additional legal process is necessary for registration. Judge Agmon-Gonen sharply criticized the state authorities for repeatedly ignoring prior court rulings on this matter and imposed a fine of 100,000 shekels on the government for their conduct. The couple expressed relief and hope that the ruling would end discrimination against families like theirs and prevent others from enduring similar hardships.

Attorney Daniela Yaakobi, who represented the petitioners, emphasized the ruling's significance as the first time the state is directly and administratively obligated to register the genetic mother in ROPA cases without bureaucratic or legal obstacles. She highlighted the decision as a testament to the importance of an independent judiciary. The ruling marks a major advancement in legal recognition of parenthood within Israel's LGBTQ community.