State commits to legislate adoption rights for gay couples

Retracting earlier opposition, government tells court it will submit bill before June 2018 to ensure equality

The state on Sunday said it would submit a bill giving same-sex couples equal rights to adopt a child. It was responding to the High Court of Justice, which had given it two months to reconsider its opposition to same-sex adoption, and said that it would present the bill by June 2018.

The court ultimatum came after a petition filed jointly against the Welfare Ministry and the Justice Ministry challenged the state to justify its previous opposition to allowing same-sex couples to adopt.

At the end of Sunday’s hearing, after ascertaining that the state’s position reflected the positions of the two ministries, Justice Esther Hayut said she was dismissing the petition.

“You have achieved the optimal result in this petition,” she said. “The state has removed the offending position.”

She warned, however, that if the government didn’t follow through on its obligations, the court would be ready to act.

“If things do not progress at the right pace, it is possible to return and follow up,” she said. “The court doors are always open.”

The government has now retracted its initial position, which claimed that adoption by same-sex couples places an “additional burden” on the child.

Same-sex couples can be approved for adoption under Israeli law, but in practice only three such couples have adopted children in the past nine years. As a recourse, some same-sex couples adopt babies from other countries.

The court petition regarding adoption by same-sex and common-law couples was filed by the Association of Israeli Gay Fathers, along with the Israel Religious Action Center of the Reform Movement.

At the end of the hearing, Udi Ledergor, head of the Association of Israeli Gay Fathers, said, “We leave the High Court with our heads held high. If the state does not meet its obligation, we will resubmit the petition.”

“We will continue to monitor the legislative process,” said Riki Shapira, the lawyer who represented the petitioners, “and we will insist on the full implementation of the law in an egalitarian manner.”

Since 2008, when single-sex couples and couples who have common-law marriages became legally able to adopt within Israel, 550 such couples have submitted petitions to adopt, Haaretz reported. Over the same period, while only three same-sex couples were successful, more than 1,000 straight couples have adopted.