Policy, Public Opinion and Artful Queerings of Reproduction

Israel is a leading country in the development and implementation of state of the art assisted reproductive technologies. The proposed paper will analyze the lobbying, public parlance and implementation surrounding the newest frontier of Israeli fertility legislation – state regulated surrogacy for gay couples. Up until recently only married heterosexual couples were entitled to surrogacy in Israel. Israel, one of the few countries in the world which has codified surrogacy in law, conceived of the implementation of this technological development as a last resort option for fertility challenged couples who have run out of other options through which to achieve biological parenthood. Israeli society prioritizes genetic biological models of parenting. In an era where gay couples are prohibited from marriage (an Israeli religious monopoly) but are entitled to all other rights bestowed on married couples, gays soon capitalized on the battle for state regulated surrogacy as an equal rights democratic issue. Up until now, gay couples desirous of issue through surrogacy needed to travel abroad, mainly to The United States, India, or Thailand. Many encountered problems raised by both local governments and the Israeli ministry of interior administration. Some of the problems raised suggest preconceived biases against gays as parents. Other difficulties arise from policy-makers fears that their citizens will become commodities, products for sale on the global market. Israeli gays clamoring for surrogacy criticize current policy as a mass state imposed neutering. Parenthood is lauded by gay couples and lawmakers as a basic human right. And biological parenthood is viewed as the supreme goal justifying means. Thus, a new neo-liberal, cost-effective, human rights discourse is formed, the effects of which on the minds and bodies of Israeli men and Israeli and foreign (often peripheral, and impoverished) women remain to be seen.