'Breakthrough.' Rosenblum
Legal precedent: Child to be adopted by father's partner
Family court determined biological father's partner will officially adopt child born to surrogate mother. Attorney: Breakthrough in legitimization of same-sex families in Israel
In an unprecedented ruling, the Jerusalem Family Court determined Thursday that a baby born to a surrogate mother will be adopted by the biological father's partner.
"This is a breakthrough in the legitimization of same-sex families in Israel, which have grown in numbers over the past year," said Attorney Irit Rosenblum of the New Family Organization.
The adoption request, filed by Rosenblum on behalf of the gay couple, stated that the biological father and his partner live together. Following a number of visits by Welfare Ministry representatives to the couple's home it was determined that the adoption would benefit the infant, who is now two years old. The court accepted the recommendation and approved the adoption.
The child's biological father, Y., told Ynet, "This is an emotional moment. We are very happy. Now I don’t have to be afraid of what will happen in case something happens to me – this was legally unclear until now.
"We're glad it is all behind us now and that we have paved a legal path for other couples," he said.
Y. said he and his partner decided to bring a child to the world after being together for eight years. They are not in touch with the surrogate mother or the egg donor.
"We are both his fathers," said Y. "This process is clearly cumbersome and unnecessary."
The couple found a surrogate mother in India because Israeli law restricts surrogacy.
Yonatan Gher, director-general of the Jerusalem Open House for Pride and Tolerance, said changing the surrogacy law to allow same-sex couples to become parents in Israel "would render the need to find a surrogate mother abroad unnecessary."
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