chapter  4
14 Pages

‘Choice’ and justice: Motherhood in a global context

ByZOË MELEO-ERWIN AND BARBARA KATZ-ROTHMAN

In November of 2008, an Israeli gay male couple made headlines by becoming parents through the assistance of a surrogate woman in India. Because Israel heavily regulates the practice and bars gay couples from entering into surrogacy agreements, Yonatan and Omer Gher looked to the international market. The couple first considered the United States, which allows same-sex couples to hire surrogates, and children born in the US to Israeli couples are automatically afforded Israeli citizenship. However, the Ghers soon turned to India. Although India criminalizes homosexuality for citizens under Section 377 of Indian Law, the country nevertheless allows foreign gay and lesbian couples to legally obtain surrogacy services. And given the lax regulatory climate and relative affordability, India has become a top destination for gay and straight couples from around the world seeking assisted reproductive technologies (ART) and surrogacy.1 Thus, in the end, the Ghers decided upon the Rotunda Fertility Clinic2 located in Bandra, despite their displeasure over Section 377.