Irit Rosenblum 311.
(photo credit: Courtesy)
A breakthrough legal ruling in the Jerusalem Family Court on Thursday will pave
the way for homosexuals to officially adopt their partner’s or spouse’s child,
the Tel Aviv-based New Family organization told The Jerusalem Post on
“This is a big step for the gay, lesbian, bisexual and
transgender community in Israel,” commented lawyer Irit Rosenblum, executive
director of New Family, an organization that champions the rights of Israelis to
marry and build families outside the traditional system.
is still a long road to the desired recognition, since each issue pertaining to
gay rights is decided by the courts, and not by the
Rosenblum, who submitted the request for adoption on behalf
of the couple, told the Post
that before this particular petition, no male
homosexual had applied to legally adopt his partner’s child.
out that unlike in the past, surrogacy has succeeded in creating a new situation
for gay couples, in which a man can become a single parent.
precedent-setting case, the child in question was born two years go to a man via
a surrogate mother in India.
About a year ago, the father asked to allow
his partner to adopt the child.
The two men went through the standard
adoption process – including a review from a social worker, who assessed the
partner to be a fit parent and submitted a positive recommendation to the
Jerusalem Family Court.
But because there was no precedent for this type
of adoption, however, the court did not immediately approve it. At that point,
Rosenblum got involved and presented their case to the court, which finally
ruled that the partner could legally adopt the child.
Thursday’s ruling, Rosenblum said that while it was a great step, “it is just
not enough that such decisions depend only on liberal judges and not on the
basis of solid legislation.”
“[This precedent] emphasizes a much bigger
issue in Israel: that such decisions are based on the attitudes of certain
judges and not on the rule of law,” said Rosenblum, highlighting a case six
months ago of Jerusalem resident Dan Goldberg, a homosexual father of twins born
to a surrogate mother in India.
After being denied entry to Israel with
his children, Goldberg and his partner were forced to live in a Mumbai hotel for
months after the babies were born because Jerusalem Family Court Judge Philip
Marcus initially refused to authorize a standard paternity test to determine if
he was the biological father of the children.
The matter was resolved
only after the media reported the case and the family appealed to President
Shimon Peres for help.
“This was a decision that was made by the same
court regarding the rights of gay couples,” said Rosenblum, adding “it is true
that the minute one judge is breaks through and is brave enough to make a
decision on such issues, then other judges will come forward, too, but it’s just
not enough. These basic rights must be set in law to ensure that everyone can
In 2007, the Supreme Court allowed two men to jointly adopt
a child that was not related to either of them.