On Wednesday morning, the Israeli High Court of Justice deliberated on a petition requesting that the court compel the state to permit gay couples to adopt children. The panel of justices, including Uzi Fogelman, Alex Stein, and Gila Canfy-Steinitz, presided over the case.
The petition was jointly submitted by the Reform Center for Religion and State, the "Proud Fathers" organization, the Association for the LGBT, and other organizations and individuals, who challenged the Minister of Welfare, the Minister of Justice, and the Attorney General. They demanded an amendment to the Child Adoption Law, which currently states that "there is no adoption except by a man and his wife together," to include same-sex partners.
During the hearing, Judge Fogelman remarked, "In the past, there were instances where legislative channels were not found, and the court acted interpretatively. It appears that this is also one such case, where same-sex couples should be allowed to adopt." Representing the Attorney General, Ran Rosenberg, stated, "The ideal approach is through legislation. If the legislative route is not feasible, then the court may interpret the term 'together' in the law to emphasize the stability of the family unit, adhering to the principle of the best interests of the child, without restricting it to a man and a woman."
[BISL] Children of LGBT families responded to Yaakov Mergi's comments - Israel News: The children of LGBT families spoke out against Welfare Minister Yaakov Mergi's statements against LGBT families being allowed to adopt. https://t.co/B2i3d7Bdri
ā Stigmabase | LGBT+ (@StigmabaseE) August 2, 2023
Rosenberg discussed the welfare of the child in question, saying, "The foster care law explicitly permits fostering by same-sex couples. The path to adoption usually goes through foster care, but there is no normative link between them because adoption law doesn't allow adoption by same-sex couples. This means that a child who began the adoption process in a family with LGBT parents may not be able to complete it."
The hearing took place after Minister of Welfare, Yaakov Margi, responded to the same petition earlier in the week, expressing his opposition to allowing adoption by LGBT couples. Minister Margi stated, "I am against any interpretation that permits adoption by same-sex couples due to the best interests of the child."
Israeli Welfare Minister, Yaakov Margi, rejects compromise on adoption for same-sex couples, citing child's best interests. #Israel #LGBT #adoption #discrimination https://t.co/DEUeIrbutD
ā The Pink Times (@thepinktimes) July 27, 2023
It is worth noting that during the Bennet-Lapid government, there was a prior attempt to alter the definition of the law. Both the previous and the current governments conveyed to the Supreme Court that it was not politically feasible, as the Arab-Israeli party, Ra'am, who was a part of the coalition in the Bennett-Lapid government, opposed the proposed changes.
