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(Mar 02, 2008) On February 10, 2008, Israel's Attorney General Menahem Mazuz (AG) issued a legal opinion that same-sex couples may adopt children. According to a statement issued by the AG,

  • [T]here is no legal reason to prevent a same-sex couple, or either one of them, from adopting a child who is not the biological offspring of one of the partners, according to the same criteria applied to a single person who wants to adopt a child and conditional, as is customary, on considerations of the best interests of the child.

The AG directive is based on High Court of Justice rulings in two landmark decisions involving same-sex adoptions. In the first decision, the Court ordered the State to register foreign adoptions; in the second, the Court ordered the state to register the adoption of each partner's biological children by the other partner. The Court held that "the well-being of the adopted child" is a complex principle that includes many aspects, and one may not say a priori that because a couple is same-sex, it will be bad for the child to be adopted by that couple. "Therefore, the question of the identity of the couple is only one of the relevant considerations that must be taken into account, together with all the other relevant circumstances and considerations." (Attorney General: Let Same-Sex Couples Adopt, JERUSALEM POST, Feb. 11, 2008.)

Author: Ruth Levush More by this author
Topic: Families More on this topic
Jurisdiction: Israel More about this jurisdiction

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Last updated: 03/02/2008