Shared Parenting Agreement: Becoming a 21st Century Parents

In the 21st century, parents can also be mum and dad, dad and dad, or just a couple of good friends who have decided to raise a child together, not within a couple. A joint parenting agreement is the document that gives all types of families legal status

Same-sex couple (Photo: shutterstock)

Same-sex couple with children (Photo: ShutterStock)

Time: The beginning of the third decade of the 21st century. Reality: More and more government institutions, public bodies and private individuals are internalizing that the classic family structure consisting of father, mother and children is not the only option for a long time. Accordingly, openness is required for different families such as same-sex couples, single mothers or fathers, and couples who choose shared parenting without marriage.

The State of Israel, unfortunately, does not yet grant full equality of rights to all types of families, and maintains its stubborn refusal to allow in-family adoption for same-sex couples. Nevertheless, you can see - both in terms of law and case law - that the openness to the issue is increasing, and that family structures of various kinds are gaining more recognition.

Chronic patients - this is how you will know what medical rights you deserve and how you will receive them

Shared parenting agreement

The means for allowing couples of various types to legally exercise their right to be parents, regardless of the nature of their relationship and regardless of their sexual orientation, is a joint parenting agreement. This agreement, which is granted by the court, is legally binding and essentially constitutes a declaration by both parties of their intention to establish joint parenting and to settle all matters relating to it.

The joint parenting agreement defines both parents ’responsibilities and addresses all aspects of parenting from birth to adulthood. The agreements reached by the parties will enable them to clearly outline their common path and avoid future disputes.

The joint parenting agreement provides a solution for many people who want to be a parent (Photo: shutterstock)

Couple sign divorce papers (Photo: ShutterStock)

Parenthood without a couple relationship

The joint parenting agreement provides a solution for many people who wish to become parents, even though the classic family structure does not suit them. For example, a heterosexual man and woman who are not interested in a relationship with each other, but are interested in a child, or when one or both spouses are same-sex; In such cases, a joint parenting agreement can be drafted and a child brought into the world together.

These couples, who usually do not live together under the same roof, but only share care for the child, will make decisions regarding the payment of alimony, child-staying time, distribution of expenses and the like.

Parental order for same-sex couples

When it comes to a same-sex couple, one of whom is a parent of a child, the joint parenting agreement will be made alongside the use of another legal tool - a parenting order. A request for a parenting order will allow the non-biological parent to be legally registered as the child's parent. Once the order is received, the parenting agreement can also be validated.

It should be taken into account that issuing a parenting order is not a short process; When future parents are planning the pregnancy and are in the process of surrogacy or sperm donation, it is useful to apply for the parenting order as early as the pregnancy so that the order is delivered by the time of birth.

Benefits alongside obligations

The joint parenting agreement will only be approved after birth, and after the court has made sure that both parties understand the meaning of the agreements reached and the consequences of not meeting them. After the legal validity of the agreement is given, any clause specified therein is an obligation which violates will lead to legal sanctions.

Signing the agreement will entitle the parties to benefits from the National Insurance Institute, benefits under the terms of the mortgage (for couples who also lead cohabitation in addition to co-parenting) and more. To ensure that all substantive clauses are included in the agreement and that the agreements reached serve the interests of each party and above all - the best interests of the child, it is advisable to use a family law attorney who specializes in the field.

Adv. Inbal Caspi-Genius specializes in family and divorce law, joint parenting agreements and parenting orders, guardianship, mediation, continuing power of attorney and more.

Phone: 077-9977504

The article is courtesy of Zap Legal

The information presented in the article does not constitute or replace legal advice and does not constitute a recommendation for taking proceedings or avoiding proceedings. Anyone relying on the information contained in the article does so at his own risk