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 same-sex female couples as legal parents of children born through the ROPA (Reception of Oocytes from Partner) procedure abroad. This decision eliminates the need for a separate court-issued parental order, recognizing the genetic link as sufficient for registration.

The case involved a couple, Or Rabad and Rechali Hasson, who underwent the ROPA procedure overseas because Israeli medical regulations prohibit embryo transfer to a woman who did not provide the egg, except through anonymous donation or surrogacy. Upon returning to Israel, they sought to have both mothers officially registered as parents. Judge Agmon-Gonen ruled that since there is proven genetic connection, no further legal process is necessary, and the state must register both women based on the submitted documentation.

The ruling also sharply criticized the state authorities for repeatedly ignoring previous court decisions on similar matters, imposing a rare fine of 100,000 shekels on the government. The couple expressed relief and hope that the ruling would end discrimination against families like theirs and prevent others from enduring similar struggles.

Attorney Daniela Yakobi, representing the petitioners, highlighted the ruling as a breakthrough, emphasizing that it removes bureaucratic and legal obstacles for genetic mothers in ROPA cases and underscores the importance of an independent judiciary. This is the first time the state is directly and administratively compelled to register a genetic mother in such cases without discretionary hurdles or additional court orders.