Israeli Courts for Family Matters ordered the Ministry of Interior to distribute a birth certificate to a child born to a lesbian couple, stating that the kid’s parents are “mother” and “mother.”
Until today a child was registered in each of the partners’ ID cards, the biological mother and her partner, but there was no certificate for the kid with the names of both mothers. Furthermore, in the ID card of every mother, her partner was listed as a parent under the title “father’s name” even though she’s a woman.
Attorney Daniella Yaakobi filed three requests in the names of three lesbian couples to list both mothers in their newborn’s birth certificate. In each of the three cases the verdict was the same.
For example: Judge Oved Elias from the Court for Family Matters in Petach Tikvah, who dealt with one of the cases, stated: “petitioner number 2, who is not the biological mother, will be registered in every registry, including the population registry, as an additional parent of the infant. He will be registered as her son for every issue and matter, and a birth certificate will be issued, where both the petitioners’ names will be listed as the infant’s mothers.”
In the matter of a couple of gay men, the issue is much more complicated, since men use surrogacy abroad in order to bring children into the world, and the birth certificate is issued at the place of birth, under that place’s rules.
Attorney Daniella Yaakobi said: “These are precedential court orders that give, in practice, an expression to the existing situation and to the parental connection from the moment of the birth. It will bring to a stop the discriminating practice that is used by the Ministry of Interior, that refuses to issue infants a birth certificate that includes both of their parents, if they are of the same sex.”