Attorney General supports LBGT High Court petition

Attorney General says allowing birth certificates for adopted children to list 2 same sex fathers a matter of equality.

Arutz Sheva Staff,

Avichai Mandelblit
Avichai Mandelblit
Tomer Neuberg/Flash 90

The state submitted its response to the petition regarding the registration of adoptive fathers of the same sex on the birth certificate.

In the response, submitted by attorney Shosh Shmueli from the High Court of Justice Department of the State Attorney's Office, the Attorney General's position is that according to full adoption, in which a child disconnects from his biological family and moves to a new family, the two adoptive fathers must be listed on the child's birth certificate and not only one of them, as the Interior Ministry currently lists the child's parentage.

The Attorney General stated in his response that the failure to register both parents in this case is detrimental to the well-being of the adopted child, and to the cause of equality between heterosexual and same-sex couples, and between adopted children in these family cells, without proper purpose.

In response, it was reported that the position Interior Minister Aryeh Deri was different, and that in his opinion, two fathers should not be registered on the birth certificate, in part because their purpose is to reflect the factual situation at birth. The minister added that this is a matter of family structure in Israel.

Minister Deri announced on the other hand that, should the Adoption Law be amended in accordance with the State's notice in response to Supreme Court decision 3216/17, it will act in accordance with the law and that, if necessary, special regulations regarding the form of birth certificates after adoption could be amended.

The response stated that, as a general rule, as the Interior Minister noted, the birth certificate reflects biological parenthood and can not be updated at later births, except for the exception of adoption. In the latter context, the position of the Attorney General should enable the registration of both Petitioners 2.1 in the birth certificate.

According to the Attorney General, the issue is one of legal questions of interpreting legislation and applying the law equally, and not in a social value decision. The question is not whether same-sex couples may adopt children, as they have been allowed to do so since 2008 on the basis of the interpretation of the adoption law by former Attorney General Menachem Mazuz. This registration follows the essence of the adoption itself and its registration as aforesaid, in accordance with the interpretation of the provisions of the Law and the Regulations.