Jews Have Had To Confend
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Court Gives
Embryo To Mom
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An
iA)
deli court has awarded
custody of a frozen embryo
produced by a now-divorced
couple to the mother, in the
first case of its kind to con-
front the Israeli legal
system.
The Haifa District Court
rejected the request of the
woman's ex-husband to pre-
vent the embryo's implanta-
tion in a surrogate mother.
The case began several
years ago, when Haifa resi-
dent Ruthi Nahmani had to
undergo an operation of
which a side effect was her
inability to have any chil-
dren in the future.
As she and her husband,
Danny, were at the time
married and wanted to have
a child, they decided that she
should become pregnant and
that the fertilized egg would
be gestated in a surrogate
mother.
But after the fertilization
took place, the couple
313-855-8787
separated and divorced. The
husband left home, married
and started a new family.
He subsequently made a
legal demand that the
implantation process be
stopped, arguing that he was
not willing to be forced to
become the father of a child
he would not raise.
But the mother responded
that as this was her only
chance to have a child, the
fertilized eggs should be
regarded as a pregnancy-in-
progress.
In a precedent-setting rul-
ing, Judge Hanoch Ariel
ruled that there was no fur-
ther need for consent from
the former husband, as he
had previously agreed to the
procedure.
According to the judge, the
father had no right to retract
his original consent.
"I am really relieved,"
said Ruthi Nahmani follow-
ing the verdict.
Her ex-husband said the
decision had been painful to
him and that he would ap-
peal the ruling.
A similar case in the
United States, involving a
divorced Tennessee couple,
went the other way, when a
court affirmed the father's
right. to have the embryos
destroyed.