Unique ruling: Nurses will be transferred from the foster family where they grew up - to their grandparents

The Jerusalem District canceled the adoption of two sisters by a foster family after two years and ordered them transferred to their biological grandparents.

The Supreme Court on Thursday rejected the appeal filed by the Ministry of Welfare.

"This is a precedent-setting and unique ruling that expresses the importance of blood contact"

Shlomi Heller

06/02/2022

Sunday, 06 February 2022, 18:32 Updated: 19:21

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The Jerusalem District Court today (Sunday) overturned the adoption of two sisters by the foster family in which they grew up, and ordered that they be transferred to their great-grandparents.

The panel of judges preferred the "blood relationship" between the minors and their extended biological family and ruled that they would move to grandparents despite their advanced age:

The two sisters, minors, have been adopted by the foster family for the past two years until the district ordered their placement in their biological grandparents' home in the form of a long-term foster care, with the assistance of their aunt.

Last Thursday, the Supreme Court rejected the appeal filed by the Ministry of Welfare, confirming the district's decision to cancel the adoption of the minors and transfer them from the foster family to a great-grandmother, with whom they will now grow up.

The minors, M. and A., are coach sisters, and each has a different father.

Following widespread reports of neglect of minors, proceedings were instituted in the juvenile court.

In accordance with the court's decision, the minors were transferred to a foster family who agreed to adopt them if and when they were declared adopted.

The Family Court has declared the minors adopted for their parents while leaving them in the foster family with whom they are staying.

At the same time, it was determined that the minors would be allowed to meet with their great-grandmother and the mother's aunt once every four months under the supervision of the service for the child.

The ruling was given contrary to the expert position on behalf of the court, which recommended that the nurses be raised in the great-grandmother’s home, and not adopted by the foster family in which they grow up.

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Jerusalem District Court (Photo: Reuven Castro)

The biological coach of the minors, represented by Adv. Yosef Meir Elbaz on behalf of the Legal Aid in the Ministry of Justice, appealed the ruling to the district court. The mother of the two fathers joined the mother position. The court also referred to the fact that the parents expressed a willingness to "sacrifice" their parenting in order for the minors to grow up in the extended family, in accordance with their best interests. Permission to appeal to the Supreme Court, which was denied last Thursday.

Adv. Shani Sadeh, National Commissioner for Adoption, with legal assistance from the Ministry of Justice:

The two appellate courts ruled that the expert opinion in the case should be obtained, thus expressing the priority given to blood contact and the need to examine placement among the extended biological family, before taking such an unusual step of severing the natural connection between a minor and his biological family.

Now, we hope that the minors will gain stability and security in the arms of their dedicated and loving family. "

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