The happy fathers, Alon and Ilan

High Court to rule on gay adoption case

Although US court recognizes Ilan and Alon Tabak-Aviram as child's parents following surrogacy process, Israel's Interior Ministry refuses to register both as biological parents

One legal ruling will affect countless numbers of same-sex couples. After a lengthy and expensive surrogacy process, Alon and Ilan Tabak-Aviram managed to bring a child into the world. A US court recognized both as the child's biological parents, however the Israeli Interior Ministry refused to register both of them as such.


The couple proceeded to petition the High Court of Justice and on Sunday first deliberations are scheduled to begin before a expanded seven-judge plenum.


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The two, a clinical-psychologist and a lawyer by profession, have been together for 17 years and, after wedding in Canada, are registered in Israel's census as married.


Five years ago they decided to conceive a child and after multiple attempts, the couple succeeded in 'attaining' pregnancy through an artificial insemination process offered in a US clinic.


Both donated sperm and after the child was born a year and a half ago, the newborn's birth certificate cited both as his biological parents. A local US court injunction upheld the registration, effectively recognizing it.


Home sweet home

On returning to Israel, armed with the injunction, the couple requested that the Interior Ministry register them both as parents, however, the Ministry refused.


The process in Israel allows only one of the men to be registered as a biological father while requiring the other father to begin an adoption process so as to be registered as the child's parent.


However, the couple decided to challenge the custom and pave the way for future same sex-parents; demanding mutual recognition, without requiring either to be an adoptive parent.


In their High Court petition, filed more than a year ago and citing the US court's recognition of the birth certificate, the couple demanded that the Interior Ministry register both as the child's biological parents.


They also cited past high court rulings regarding recognition of out-of-state marriage and adoption registrations, as well as the landmark ruling in the case of the couple Nicole and Ruth Brenner-Kadish; in which the High Court ruled that the state must recognize both women as the child's legal parents by virtue of a US registered adoption by one of the other's biological son.


"If the state would respect High Court rulings, there would be no need to start this (legal) process, but after a long and hard road we decided to fight for us and for many others," Alon told Ynet.


"We knew ahead of time that there would be problems, however, we had a strong feeling of injustice.


"We will be very surprised if the High Court throws out our petition, and we are cautiously optimistic."


Their lawyer added, "This is an additional step towards recognizing human rights in Israel. It is a shame it must be spearheaded through the judiciary and not the legislative.


"Nonetheless, we hope the court will continue to protect on of the most elemental of human rights, and this will be another step towards allowing same-sex surrogacy."



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פרסום ראשון: 02.03.13, 09:19
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