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The surrogacy law should not apply to gay and lesbian couples, the State Prosecution wrote to the High Court of Justice on Thursday. In its appeal, the Prosecution added that it is perhaps the time to reevaluate what constitutes a family.

"It is high time that that we reevaluate the conventions regarding what constitutes a family," the prosecution wrote in response to an appeal issued to the Supreme Court of Justice by Yoav Arad and Itai Pinkas, a same-sex couple who wish to have a child with the help of a surrogate mother.

According to the surrogate law in Israel, only a couple constituting a "man and women," can apply for surrogacy. Arad and Pinkas were denied last year their request to qualify entering the surrogacy program as a couple, under the claim that they do not fit the definition of a couple which enables having the help of a surrogate mother.

Following the let down, the two appealed to the High Court of Justice with the request to reinterpret the law so that it incorporates same-sex couples under the legal definition of a couple.

State prosecutor Dina Zilber presented the high court of Justice with a letter stating the supreme importance and delicacy of such a decision, which entails significant social change and the recognition of the status of the a same sex family unit.

"Due to the fact that such a decision deviates from the pure and simple legal aspects, and entails such philosophical, ethical, educational, and social ramifications, the most suitable body to discuss the issue is the Knesset," Zilber wrote.

The health ministry is expected to form a public committee which will examine the questions regarding fertility and childbirth, including clauses from the surrogacy law.