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w w w . h a a r e t z . c o m
Last update - 07:21 25/04/2008
Israel recognizes overseas adoption by gay couple, grants child citizenship
By Tomer Zarchin, Haaretz Correspondent
The State of Israel has agreed for the first time to register an overseas
adoption by a gay couple and to grant the child Israeli citizenship.
The landmark case involves a Cambodia-born boy, now eight years old, who was
adopted in 2000 in the United States by two men who hold American and
Israeli citizenship. Following his adoption, the boy received American
citizenship and was also converted to Judaism. The parents returned to
Israel shortly after the adoption, but their applications to the Interior
Ministry to recognize the adoption and grant their child citizenship were
unsuccessful. Since 2001, the child has lived in Israel on a temporary
residence visa that is extended annually.
In 2002, the parents, represented by the New Family organization, filed a
High Court of Justice petition against the interior minister. The ruling on
that petition has been delayed pending the court's decision in an earlier
case involving a lesbian woman's U.S. adoption of her partner's biological
child. A few months ago, the male couple wrote a personal letter to Attorney
General Menachem Mazuz, asking him to put an end to the state's cruel
treatment of them and their son.
In a letter two weeks ago to New Family's director, attorney Irit Rosenblum,
the senior deputy state prosecutor, Einat Golomb, wrote that the male
couple's case had been discussed again and it was decided to register the
adoption in the Interior Ministry's population registry and grant Israeli
citizenship to the child "in view of the special circumstances of the case
in question and the long time the minor has resided in Israel legally."
Rosenblum said in response that the decision is significant in that it
constitutes recognition of overseas adoption by same-sex couples, and
effectively recognition of same-sex families.
"The meaning of the decision is clear: The state directly and fully
recognizes same-sex couples as parents, akin to heterosexual couples, who
can adopt a child overseas and register without constraints as his parents,"
she said.
One of the boy's parents, who prefers to remain anonymous, told Haaretz
yesterday that over their years in Israel they had appealed to every
interior, justice, and social affairs minister in office to meet with them,
but were turned down.
"We had a problem entering and leaving the country, registering for school,
at the dental clinic," he said. "They always ask what our relation is to the
boy because he is not listed on our identity cards. Everywhere I had to say
that we have a High Court petition and we are waiting for a ruling.
Everywhere I had to fight and provide explanations and try to persuade."
This parent is disappointed with the way the case was handled by the High
Court, which delayed ruling for several years. "We didn't buy a Greek
island," he says, refering to an affair involving former prime minister
Ariel Sharon. "Here was a problem in the social realm, basic human rights,
and the High Court did not give us a solution."
Mike Hamel, chairman of the Israeli Gay, Lesbian, Bisexual and Transgender
Association, heralded the state's decision as a major change in policy
regarding overseas adoptions by gay and lesbian couples.
"The State of Israel is starting to figure out that we are living in the
21st century, and that men have a right to raise a family without the
parents' sexual orientation being a factor," he said.
"In recent months, we have been witness to the fact that heterosexual
parenting is no guarantee for successful parenting," Hamel added.
http://www.haaretz.com/hasen/spages/977933.html
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