Whose child is this, really? A lesbian couple, who together conceived a child six months ago, is now demanding that the Interior Ministry jointly register them as the child’s biological parents, rather than having to undergo an adoption process as has been the case with same- sex couples to date.

The Ramat Gan Family Court has set precedent for such a request, by allowing one of the partners to act as a surrogate for the other, and now the couple also wants formal recognition as their son’s biological parents.

The two women have lived together for over 10 years, and were even married by a Conservative rabbi three years ago, indicating their emotional and fiscal commitment to one another.

They also entered into a life partnership agreement signed by a notary public two years ago, officially anchoring their status as committed, life-long partners.

Further augmenting their relationship, the women then decided to conceive a child together who would be biologically their own to the greatest extent possible. With the approval of the Ministry of Health, one woman’s eggs were fertilized using an anonymous sperm donor, and were then implanted into her partner.

In essence, this situation is no different than that of a surrogate mother, which is always formally recognized as her child’s biological mother.

The couple’s son was born seven months ago in the Rabin Medical Center in Petah Tikva, but the Ministry of the Interior refused to register both women as his mothers. Ironically, they were willing to register the “birth mother” as the child’s parent, but not her partner—who is genetically and biologically the child’s mother.

With help of attorney Na’ama Tzoref (Halevi) the two women have now filed suit against the Attorney General demanding to be formally recognized as their son’s biological parents, so that they do not have to undergo an adoption process as has been the case with same-sex couples hitherto.

'Adoption erroneous course of action in this case'

Attorney Tzoerf told Ynet: “Petitioning for adoption is not the right course of action in this case. The Interior Ministry ought to recognize these children of same-sex couples just as they do those of heterosexual couples. After all, no one examines the genetic link between father and child when it comes to married couples.”

The two women involved said that the right to parent a child, biologically and legally, is an integral part of life, and is thus their fundamental human right. This right, they maintained, is especially important in light of the non-conventional family unit that they are trying to establish.

“Same-sex families suffer from a great deal of discrimination and intolerance. Not giving legal sanction to such unions further entrenches such prejudice,” they said in a statement.

The couple also noted that rejecting their petition is “tantamount to the court stating that people who are not heterosexual are unfit to be biological parents,” and that it will “magnify and echo the negative messages that their child will undoubtedly absorb from the public.”