Judicial Parenthood Orders: What Are They and Who Are They For?

A judicial parenthood order is an order of the Family Court recognising the parenthood of a parent who has no genetic link to the child. It is needed mainly in LGBTQ+ families and in cases of surrogacy.

Why does it matter?

The order gives the non-biological parent full legal status as a parent, with all the rights and duties, from the date of birth. This avoids a long and complex adoption process.

Who is it for?

• Couples of two mothers, where one gave birth through sperm donation.

• Couples of two fathers, where one is the biological father and the child was born through surrogacy.

The conditions

Under the guidelines developed in the case law and the Attorney General's position, the requirements include:

• Residence - both partners are residents of Israel.

• Age - both partners are over 18, and at least one is under 54.

• A stable relationship - a proven relationship of at least a year and a half before the pregnancy, with a shared household.

• A shared intention - the decision to have the child was made jointly before the pregnancy. This can be shown, for example, by a parenting agreement, affidavits or medical records.

• The child's origin:

  • For a female couple, the pregnancy resulted from an anonymous sperm donation.

  • For a male couple, one partner is genetically linked to the child, and the surrogate is not registered as the child's mother.

• No other parent - the child has no other biological parent outside the relationship.

• No criminal record - the non-biological partner provides a police certificate confirming they have no criminal record that could harm the child's welfare.

When should you apply?

The application is filed with the Family Court, together with documents proving the conditions.

• You can apply from 60 days before the expected date of birth, or immediately after the birth.

• For a female couple, an application filed within 9 months of the birth usually allows an order effective from the date of birth, without a welfare services report.

• An application filed more than a year after the birth usually requires a welfare report, and the order will not apply retroactively.

It is therefore advisable to start preparing during the pregnancy.

Parenthood order or adoption?

A judicial parenthood order is granted where the child was born into the relationship, with a shared intention to parent. Where the relationship began after the birth, the route is generally adoption.

Read more: Parental Rights in LGBTQ+ Families

Good to know

This area is still developing in the case law, and some cases are complex and need individual examination. I would be glad to examine your case and find the right path for you and your children.

For a consultation: Maya Kedem, Adv., Attorney and Mediator · +972-54-775-7505

This article provides general information, is current as of its publication date, and is not legal advice or a substitute for consulting a lawyer.