High Court ends Orthodox monopoly on conversion of non-Jewish kids up for adoption

After proceedings that spanned 20 years, the High Court of Justice ends the practice of having non-Jewish children up for adoption undergo only Orthodox conversion to Judaism, and only be allowed to be adopted by couples who lead an Orthodox lifestyle.

An expanded panel of nine justices finally hands down a ruling on a petition filed in 2003 by the Israel Movement for Reform and Progressive Judaism, which was held back for many years due to the perception that the decision depended on the outcome of several other petitions on the validity of conversions not done via the Orthodox Chief Rabbinate.

Proceedings were renewed after that other ruling was issued in 2021, overshadowed by changes over the years that have seen far fewer non-Jewish children up for adoption in Israel than in the past. There were several dozen in 2022.

The state said its top priority was the benefit of the child, arguing that this includes having them undergo an Orthodox conversion since otherwise, they will find it harder in the future to marry due to the Orthodox monopoly in that field as well.

The justices say they didn’t accept that position, and that after further discussion, the state agreed last week — especially in light of the small current number of annual cases — that every case’s circumstances will be examined individually.

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