LGBTQ EQUALITY LEGISLATIVE PACKAGE - In Memory of Major Sagi Golan

Preservation and Use Bill Posthumous Sperm Retrieval

The devastating terrorist attack on Israel on October 7 and the ensuing war claimed the lives of over 1,400 Israelis, many of whom were young individuals in the prime of their lives. Tragically, many of these victims were deprived of the opportunity to have children despite their expressed desire to do so. Currently, Israel lacks legislation regarding the retrieval and use of sperm from deceased individuals. To date, all instances of posthumous procreation and the provisions of the proposed bill under discussion in the Knesset involve scenarios where the deceased had a partner who would serve as the biological mother of the child. However, in the case of male couples, there is a need to use the deceased’s sperm and an anonymous egg donor, with the pregnancy carried by a surrogate mother. The intended parent would be the surviving partner of the deceased, who has no genetic relation to the child. Given the diverse forms of families in Israel, if the Knesset decides to enact a law regulating the use of a deceased person’s sperm for procreation, it must also include provisions for male couples. Failing to do so would introduce a discriminatory law, relegating male couples to second class status and undermining their right to family continuity on par with their heterosexual counterparts. Required Action The bill currently under debate in the Knesset must be amended to address the needs of male couples in these tragic circumstances. Specifically, it should include provisions for the use of the deceased’s sperm to fertilize donor eggs, implantation in a surrogate mother, and the recognition of the deceased’s spouse as the intended parent of the resulting child.

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