Update on Stateless Children–India/Israeli Surrogacy

Last week I wrote about twins born to a surrogate in India.  Their biological father is an Israeli and he wants to bring the kids home with him.   It seems they cannot be brought into Israel until there is a paternity test acceptable to the judge hearing the case and that judge has taken the position that he cannot order a paternity test while the children are out of the country.     Since they couldn’t be brought into the country to take the test without the same judge’s order, things had pretty well ground to a halt. 

Here’s an update on the case.  It seems that the tests may well happen soon.    There’s apparently no dispute about the underlying facts.   Dan Goldberg hired the surrogate and is biologically related to the child. 

The story I linked to last time didn’t mention what might be the critical element–Dan Goldberg is gay.   Perhaps it is worth noting that in addition to being gay, he’s also a single parent, at least as far as I can tell from the coverage.  

This sets up some pretty stark issues, which might be why the case has become a bit of a rallying point.   Do we treat a single man differently because he is gay?  Or if he is not single, do we treat a couple differently both members of the couple are male?  

Without regard to the Israeli law noted in the comments to the original post, it appears that many different sex couples have done exactly what Goldberg seeks to do.    The critical question seems to be the genetic relationship between the commissioning parent (Goldberg) and the children.  Paternity tests have been conducted in India, and it doesn’t seem there’s any doubt on this point. 

I’ll keep watch for the final resolution, which I assume will be that the twins are brought to Isreal.

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