LGBT Rights in Israel - Adoption and Family Planning

Adoption and Family Planning

On January 10, 2005, the Supreme Court ruled that a lesbian couple is able to legally adopt each other's children. During the past 15 years that Tal and Avital Jarus-Hakak have lived together, they have had a total of three children. The couple petitioned the Tel Aviv Family Court for the right to formally adopt each other's children in 1997, but the request was rejected because Israel's adoption law had no provisions for same-sex couples. The couple appealed. While they failed to get a favorable ruling in the Tel Aviv District Court, the Supreme Court accepted the case. Citing Article 25 of the Adoption Law, the Yaros-Hakaks argued that the law allows for "special circumstances" for adoption when it is for the good of the child, even if the child's parents are still alive. The only condition is that the person seeking to adopt be single. The couple argued that since the state does not recognize same-sex marriage, they are single by law. The Yaros-Hakaks added that adoption was in the best interest of the children if one of their natural mothers should die. The Supreme Court of Israel agreed, ruling 7–2 in favor of the couple.

Following the supreme court ruling, a lesbian couple was allowed to adopt each other's biological children on February 12, 2006. Before that, gay partners of parents were granted guardianship over their partner's children.

On March 10, 2009, the Tel Aviv family court ruled that former Knesset member Uzi Even and his partner, Amit Kama, can legally adopt their 30-year-old foster son, Yossi, making them the first same-sex male couple in Israel whose right of adoption has been legally acknowledged.