Legal precedent: a man can adopt the child of his spouse

By: Gilad Grossman, Walla! News

"A big step for the GLBT community in Israel in receiving recognition of the legitimate family cell." Rosenblum

"A big step for the GLBT community in Israel in receiving recognition of the legitimate family cell." Rosenblum

Until now, the law did not allow homosexuals to adopt the children of their partners, because the child has two official parents.  Thursday, the court ruled that a man could adopt the biological son of his partner.

Family Court in Jerusalem ruled Thursday for the first time that a man can adopt the child of his spouse, the court having previously allowed only men to adopt children of female partners. “This breakthrough is another step in the recognition of the single-sex family” said attorney Irit Rosenblum, founder and executive director of New Family, who submitted the request for adoption behalf of the couple.

The child was born abroad to a surrogate mother two years ago. A year ago, they requested to allow his partner to adopt the child. The two went through the standard adoption process, including review by a social worker, identical to everyone who seeks to adopt a child. To date, no law allows homosexuals to adopt children of their partners because the child already has two formal parents – a father and mother. The situation was different for lesbian partners when the mother got pregnant through anonymous sperm donation, and the child had no second parent. According to Attorney Rosenblum, the surrogacy process created a new situation in which a man can be a single parent, and his partner is eligible to adopt the child. On Thursday, the court gave the long-awaited adoption order.

“This is a big step for the GLBT community in Israel in receiving recognition of the legitimate family cell,” said Ms. Rosenblum. “However, there is still long road to the desired legal recognition, since each issue of gay rights is still decided by the courts, and not by the legislature, as would be expected.”

Legal precedent: A man Can Adopt Male Spouse’s Child: Jerusalem Family Court ruled that a man can adopt the child of his male spouse, having previously allowed only men to adopt children of female partners. ‘This breakthrough is another step in the recognition of the single-sex family’ said attorney Irit Rosenblum, executive director of New Family, who submitted the request. The child was born abroad to a surrogate mother two years ago. Last year, they requested to allow his partner to adopt the child. No law allows homosexuals to adopt partner’s children because the child already has two legal parents. The situation is different for lesbian partners when the child is born of anonymous sperm donation, and the child had no father. According to Rosenblum, surrogacy created a new situation in which men can be single parents, and his partner can adopt the child. ‘This is a big step for the GLBT community,’ said Rosenblum. ‘There is still a long road to the desired recognition, since each issue of gay rights is decided by the courts, and not by the legislature.’

Source: Walla! News

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