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Parenting in the Lesbian Community - What Do You Need to Know About Parenting and Adoption Orders?

Parenting in the LGBT community is regulated through a series of legislative decrees, designed to regulate what happens when both spouses are not the child's biological parents. What should lesbian women couples know legally when they decide to have a child?

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• Lesbians

• parenthood

Adv. Talia Brazani, in collaboration with Zap Legal

Thursday, 08 July 2021, 12:22 Updated: 13:28

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Lesbian Moms (Photo: ShutterStock)

Unlike straight married couples, lesbian women couples have to go through bureaucratic and legal procedures in order to be both recognized as the parent of the child.

There are a number of legal constructions that give this recognition.

What are these constructions and which way should you choose according to personal circumstances?

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Parenting order, what is it?

A parenting order is an order that recognizes parenting, and is required for same-sex couples who have given birth to a child, when there is one parent who is not the child's biological parent, and is interested in being recognized and known as his or her parent.

Many couples of women choose to have a child through sperm donation. In such a case, only the mother is registered as the mother of the child in the Ministry of the Interior documents automatically. In order to recognize a mother who has no biological connection to being born as the child's mother, an application for a parenting order can be submitted to the Family Court. While interest in parenting order not regulated by law, but the Attorney General held a number of conditions, which in their stance, the State would not oppose an order granting the non-biological mother parenting of the child.

What are the conditions for a parenting order:

-sti spouses aged over 21 years

-bnot couple In a relationship over 18 months

- a parenting agreement was signed between the spouses before the proceedings were initiated - the child

is less than 90 days old

- None of the spouses has a conviction for a sexual offense or violence that does not allow her to register as a parent.

It should be noted that these conditions are not the conditions of the court, but reflect the position of the state in court.

The court will be able to order the issuance of a parenting order after the case has been heard, even in cases where the spouses do not meet the conditions.

Sign in now: Adv. Talia Barzani runs the same-sex couples forum on a legal site where you can ask questions and get answers in everything related to the field.

What are the disadvantages and advantages of a parenting order?

The great and central advantage of the parenting order is the immediacy of the order, which is given shortly after the birth, and even immediately after the birth if the application for the order is submitted even before the birth.

Aside from the symbolic recognition of both spouses as equal parenting, the parenting order is especially important in various proceedings before the authorities, and even in visits to a milk drop.

Also, the order has important legal consequences if the spouses separate or if God forbid one of the spouses dies.

The significant disadvantage of the order is when it comes to international status.

The order is an order given by an Israeli court and therefore, if the non-biological mother has foreign citizenship that she wants to transfer to the child, she will not be able to do so in many countries through a parenting order, but only through an adoption order.

Also, the order will not be recognized in many other countries.

What is an adoption order?

The adoption order is an arrangement enshrined in Israeli law for recognition as the child's parent.

In order to be recognized as an adoptive parent, the spouses must go through a legal process during which they will be required to submit forms, undergo a review by the Ministry of Welfare and a court hearing.

What are the disadvantages and advantages of an adoption order?

There are certain legal challenges in the adoption order since the adoption order stipulates that there is a biological parent who gives it up in favor of an adoptive parent and after all in same-sex couples this is not the case.

Another disadvantage is that the child is registered as adopted, compared to a parenting order in which there is no difference in registration.

An application for an adoption order can be submitted starting six months after the birth.

An application for a parenting order can be submitted as close as possible to the date of birth and therefore it applies already in the first months of the child's life.

Unlike a parenting order, the adoption procedure is longer and more complicated.

However, as stated, in contrast to a parenting order, an adoption order applies internationally, and will therefore also be valid outside Israel.

This matter is especially important for a parent who wants to transfer his foreign citizenship to his child or for spouses who want to copy their lives abroad.

Adoption by both spouses

Adoption by same-sex couples has been in legal battles in the High Court for years. The state informed the High Court in 2017 that an amendment to legislation will be made that will allow same-sex couples to adopt in Israel, but in practice, this has not yet been done.

However, the court ruled in HCJ 1779/99 that same-sex couples who have been adopted abroad and have legal proof of this, will be able to register in the Population Registry in Israel as the adoptive parents of the child.

In conclusion

The way to order equality before the law of lesbian couples involves different legal proceedings. Today, the shortest and most recommended legal procedure for recognizing a child's non-biological mother as his mother for all intents and purposes is to apply for a parenting order. However, it is recommended that this procedure be performed with legal assistance by an expert in the field, who will also draft the parenting agreement between the spouses before the birth. Also, in certain cases and circumstances, it may be preferable to apply for an adoption order, especially when one of the parents is a foreign citizen or when the spouses are interested in moving to a country. Another way for lesbian couples to give birth to a child while recognizing both partners as parents is through the adoption of a child, which is currently possible mainly abroad, with registration at the Israeli Ministry of the Interior.

Adv

.

Talia Brazani

specializes in mediation, contracts, real estate and insolvency.

Phone

: 054-4256510

Article

courtesy of Zap Legal

The information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation for taking proceedings or avoiding proceedings.

Anyone who relies on the information in the article does so at his own risk

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