Nahmani v. Nahmani
Israel Supreme Court
Add’l Civil Hearing 2401/95, 40(4) PD 661 (1996)

- Written by Whitney Waldenberg, JD
Facts
Ruth Nahmani (plaintiff) and Daniel Nahmani (defendant) were married and originally planned to have children. Ruth had a hysterectomy due to health issues, but she preserved her ovaries, and eventually ova were taken from Ruth’s body, fertilized with Daniel’s sperm, and frozen for future implantation via surrogacy in the United States, where surrogacy was legal. However, Daniel left Ruth and had a daughter with another woman, establishing a new family. Ruth and Daniel were still married, because Ruth refused the consent to the divorce required under Israeli law. Ruth wanted to proceed with the implantation of the fertilized ova, but the hospital refused to give the ova to Ruth based on Daniel’s opposition, because Daniel no longer wished to have children with Ruth. Ruth filed suit, and the Haifa district court ruled in favor of Ruth. Daniel appealed, and the Israel Supreme Court reversed the district court’s decision, ruling in favor of Daniel. Ruth petitioned the Supreme Court for a rehearing, and the Supreme Court agreed to a rehearing.
Rule of Law
Issue
Holding and Reasoning (Tal, J.)
Concurrence (Dorner, J.)
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