Legal Rights of the LGBTQ+ Community in Israel
In an ideal world, equal rights would be taken for granted for everyone, regardless of sexual orientation or gender identity. In practice, despite significant progress, gaps remain. As a family lawyer, I help LGBTQ+ couples exercise their rights.
Parenthood
Surrogacy - until recently, male couples were excluded from surrogacy in Israel. Following a 2021 ruling of the High Court of Justice, since January 2022 male couples and single men can use surrogacy in Israel, although the process is still long and complex.
Recognition of parenthood - when one partner in a female couple gives birth, only she is automatically recognised as the mother. The other partner must apply to court for a judicial parenthood order or adopt. The process is not automatic, as it is for married heterosexual couples.
Adoption - the law allows adoption by same-sex couples, but in practice the process is long and complex.
Read more: Parental Rights in LGBTQ+ Families
Partnership
There is no civil marriage in Israel, and this particularly affects same-sex couples. However, same-sex couples who married abroad are registered as married in the population registry, and unmarried couples can be recognised as common-law partners.
Preventive legal steps
A will, a cohabitation agreement and an enduring power of attorney give significant protection to you and your family.
A will - under section 55 of the Succession Law, common-law partners inherit from each other even without a will, provided neither is married to someone else. But the relationship must then be proven, sometimes against family members who object. A detailed will avoids the dispute, ensures your property passes as you wish, and can include provisions about your children.
A cohabitation agreement - regulates property, financial support and separation arrangements, and can also include agreements on raising children.
An enduring power of attorney - lets you decide in advance who will make medical, financial and personal decisions for you if you cannot do so yourself.
Other rights
Employment - the Equal Employment Opportunities Law prohibits discrimination on the basis of sexual orientation in hiring, promotion and working conditions.
Military service - the IDF recognises the partners of LGBTQ+ soldiers for various entitlements.
National Insurance - partners are recognised for various benefits, depending on the specific law.
Immigration - partnerships are recognised for family reunification, although the process is complex.
In summary
The struggle for full equality continues. In the meantime, the existing legal tools make it possible to protect your family today. I help LGBTQ+ couples with cohabitation agreements and wills, parenthood proceedings and the exercise of their rights.
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.
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