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In Vitro case
Leads To Ruling
Tel Aviv (JTA)— In a precedent-
setting case, the Supreme Court
has ruled that the state cannot
impose parenthood upon men or
women.
The widely publicized case,
Ruti Nahmani vs. Danny Nah-
mani, involves a couple who, be-
fore their divorce was filed, both
had wanted a child via a surro-
gate mother. After their separa-
tion, only Ruti Nahmani wanted
to go ahead with the process. The
case set precedent on the owner-
ship of eggs that have been fer-
tilized in vitro.
Ruti and Danny Nahmani,
now separated, were married in
1984. Ruti was unable to conceive
due to an operation, and the cou-
ple decided in 1988 to undertake
the process of drawing out Ruti
Nahmani's ova, fertilizing them
with Danny's sperm in vitro and
finding a surrogate mother who
would bear the child.
A 1987 ordinance forbids sur-
rogate motherhood in Israel. But
the Nahrnanis had petitioned the
High Court of Justice to overturn
the ordinance. In 1991, a com-
promise was reached allowing in
vitro fertilization. The couple then
arranged for a surrogate mother
in the United States.
The Naharnanis separated a
year later. When divorce pro-
ceedings began, Ruti asked a lo-
cal hospital in Haifa for her
fertilized eggs in order to have
them implanted in the surrogate
mother.
The hospital refused because
Danny objected. Ruti filed suit in
the Haifa district court, which
ruled in her favor.
The March 30 decision by the
Supreme Court overturned the
lower court ruling. The 4-1 deci-
sion said that the hospital cannot
let Ruti make use of her eggs
without the father's consent.
Justice Tova Strasberg-Cohen,
writing for the majority, anchored
the ruling in basic human rights
and equality between the sexes.
The ruling said:
"The decision to become a par-
ent is recognized, as is the deci-
sion to decline to be a parent, both
basic human rights. But once
these two rights are in conflict
with each other, it must not be up
to the legal system or the state to
decide between them," the deci-
sion said.
"Just as it is wrong to impose
a pregnancy upon a woman when
she objects to it, or to forbid her
to have an abortion, it is also
wrong to impose parenthood
upon a man against his will,"
Judge Strasberg-Cohen wrote.
Jewish law considers the em-
bryos to belong to both parents,
and each of them has the right to
object to having the embryo im-
planted.