Lesbian Mothers Win Right to Mutual Parenthood in Israel

Gay families took a stride forward in Israel when the High Court of Justice found that a lesbian couple could adopt children in common.

The Advocate (www.advocate.com/news_detail_ektid50916.asp) reported on the story. Ruti and Nicole Berner-Kadish, both of whom are Israeli / American dual citizens, had brought a case in 1999 in order to secure Nicole's rights as the mother of Ruti's child. The court found in a 2-1 ruling that Nicole should have that right; the state requested a second hearing, which happened on Sunday, Dec. 9.

The second hearing also found in favor of Nicole and Ruti.

In a separate case, a lesbian couple of 15 years have also been granted mutual parental rights. A 7-2 decision on Mon., Dec. 10, found that Tal and Avital Yaros-Hakak should have the right to recognition of their mutual parenthood for their three children, whom the couple had over the course of 15 years with the sperm for the children coming from a sperm bank, reported GayWired.com (www.gaywired.com/article.cfm?section=9&id=5204).

The Yaros-Hakak family, too, had faced earlier rejection when, in 1997, they sought mutual parental recognition for their children. The law at the time specified that only mixed-gender couples could adopt, however.

Speaking to Haaretz International, Avital said, "It is no simple matter to decide to live life like this rather than to hide, to find a partner and to bring children into the world in this kind of family unit."

Avital also said that she and her partner "were afraid that if the ruling were negative, this would mean that other couples would not stand a chance."

The Knesset, which is Israel's parliament, has been working to pass a law that would allow gay couples and singles to adopt, as reported by Israel National News last July (www.israelnationalnews.com/News/Flash.aspx/130744).

The National News article said that the new law was designed to provide adoption rights to individuals who were qualified to adopt, without discriminating on the basis of gender or marital status.