AG eases parenthood process for same-sex couples

Attorney General Yehuda Weinstein rules courts can recognize non-biological father's parenthood without adoption process

Aviel Magnezi|Published: 05.12.13 , 13:24

Attorney General Yehuda Weinstein announced that spouses of parents to children conceived through a surrogacy process overseas will be accorded parenthood status without the previous need for a lengthy and complex adoption process.

Instead, a court order will suffice.

Related stories:

The AG's statement followed several petitions to the Supreme Court by homosexual couples who demanded both fathers be registered as parents, though only one of them is the biological father through surrogate conception.

The new move by the AG is based on the Mor-Yosef Committee's recommendations, which examined whether single men or same-sex couples should be allowed to conceive via a surrogate mother.

Weinstein ruled that pending the finalization of proper legislation, family courts will be able to issue a court order recognizing the spouse's parenthood following a genetic test proving the parenthood of the biological father and other conditions to be further elaborated in future legislation.

"For the first time, the State doesn't require an adoption process, and couples will not have to wait for six months before the process starts, but can initiate it right after the child arrives in Israel," explained Alon, a lawyer who appealed the Supreme Court together with his spouse.

"In addition, the non-biological parent can immediately register as a legal guardian, before full status is accorded," he said.

Gal and Micki Wagner Kolsiko, same-sex parents to twins born six months ago in a surrogate process in the United States, congratulated the new ruling.

"This is a good and reasonable message. Welcome to the Western world, but there's still a way to go," Gal said.

"In the US we were both considered parents, without confirmation and social workers. The OBGYN just sent a deposition to the court and so did we. The court immediately ruled that we are the parents and it was automatically noted in the birth certificate, without genetic tests.