Legal Updates

A person can not be recognized as a third parent but contractual rights regarding the child may be recognized

April 2, 2020
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A man and a woman decided to conceive a child as co-parents. When they were unable to conceive, the woman’s life-partner donated eggs which were fertilized by the man’s sperm and implanted in the woman’s womb, resulting in the birth of two kids. The three parties signed an agreement, setting their rights and duties regarding the raising of the children. Several years later the woman and her life-partner separated and the partner (who donated the egg) requested to be recognize as a third parent.
The Court held that while Israeli law does not allow recognition of the life-partner’s rights as a third parent, the best interest of the children requires recognition in the rights of the partner and the parties must be obligated to uphold the agreement reached between them, thus allowing the partner involvement in the lives of the children. Israeli law does not recognize triple parenting or agreement-based parenting. This is due to the fact that agreements between those wishing to become parents naturally and directly affect the life of the child, and as the child is unable to speak or opine, the law needs to set boundaries. An agreement granting a person parent-like rights, can not, by itself, bring legal recognition of such person as a parent, and until the legislator allows for triple-parenting by legislation, no agreement or lawsuit can do so. Additionally, a third person can not be granted rights through being appointed legal guardian, because such an appointment is reserved for events where the minor does not have two functioning parents able to perform their duties. However, the fact that a third person can not be recognized as a parent or legal guardian does not mean that such person’s rights, as granted under an agreement, may be ignored. The law allows the possibility to take “other actions”, temporary or permanent, to preserve the best interest of the minor and a person with no legal relation to the minor may take on certain obligations relating the a minor. When there exists a valid and detailed agreement, it is impossible to later renounce these understandings and obligations after the deterioration of the relationship, especially if upholding those duties and obligations is in the best interest of the minors. Here, the three parties signed a clear agreement, granting the partner certain rights. These were written, detailed agreements, one of which even approved and granted verdict status. Therefore, and due to the fact that it is also in line with the best interest of the children, the partner is entitled to all the rights given to her in the agreement.