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WHERE YOU CAN BE A MEMBER EVERYDAY! 5600 WALNUT LAKE ROAD, WEST BLOOMFIELD *OFFER APPLIES TO NEW ACCOUNTS ONLY Expires June 1995 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.