The Israel High Court Allows Same-Sex Couples to Adopt Children
The High Court of Justice made an important ruling, deciding unanimously that under the 1981 adoption law, same-sex couples have the right to adopt children.
Previously, the law stated that only “a man and his wife together” could adopt children, effectively limiting adoption to heterosexual couples, although rare exceptions existed for same-sex couples.
The court had previously rejected a similar petition in 2017, expecting the government to amend the legislation favoring heterosexual couples. However, this amendment never materialized, and the government indicated no intention to do so.
Acting Supreme Court President Uzi Vogelman, in his ruling, used the legal doctrine of “interpretation” to interpret the 1981 law as allowing any committed couple, regardless of sexual orientation, to adopt children, rather than specifically heterosexual couples.
Vogelman emphasized that the original purpose of the adoption law was to provide children with a stable and secure family environment, regardless of the parents’ sexual orientation.
He further noted that professional opinions presented to the court indicated that a child’s well-being is not affected by the sexual orientation of their parents, aligning with the law’s objective of prioritizing the child’s welfare.
Justices Alex Stein and Gila-Canfy Steinitz both supported Vogelman’s interpretation.