Thus, the Adoption Law recognizes two alternative tracks for granting an adoption order: the consent track and the track of declaring a minor already adopted.
- When it comes to a track based on the consent of the adoptee's parents, Section 8A(a) The Adoption Law provides as follows:
"A parent's consent to the delivery of his child for adoption shall be informed consent given after information has been brought to the attention of the parent, all as stated in sections 8b and 9."
Also, Sections 8B and9 The law defines additional detailed rules relating to the presentation of information and explanations to the parent before giving consent to the delivery of his child for adoption, as well as the format in which such consent will be given.
- The Adoption Law distinguishes between the manner in which a parent's consent to adoption is given in Israel and the manner in which it must be given outside of Israel. Section 9A The law states that consent to the transfer of a child outside of Israel shall be in one of the following three ways::
")1) By signing a letter of consent before the diplomatic or consular representative of Israel; Before signing the letter of consent, the person before whom the consent is given must verify that he or she recognizes the parent and that the consent is in a language understood by the parent;
(2) according to the law of the place where the consent is given;
(3) According to the law of the ordinary residence of the consent giver or of the child at the time of the consent."
Additional details in this regard are set out in the Adoption of Children Regulations (Parental Consent), The Nine"II-2011 (Below: Regulations Adoption or Regulations). This includes, Regulation 2 determines that the consent of a parent given outside of Israel according to Section 9A(1) Law, It will be prepared in accordance with the anchored letter of consent In the Addendum to the Regulations which includes four parts (hereinafter: The Consent Letter). In Part A of the Consent Agreement, the parent who agrees that his child will be given up for adoption is required to provide identifying details. In Part B of the document, the parent is required to provide basic identifying details about the minor's other parent and can even provide additional details that will remain confidential. In addition, in this part, the parent who agrees that his child will be given up for adoption is required to declare his awareness regarding a number of conditions. In Part C of the document, the adoptive parent is required to declare that his signature on the letter of consent was made in a language that he understands and out of free will. In Part D, the diplomatic representative of Israel, before whom the consent was given, is required to provide details regarding this status.
- In addition to the default requirement to obtain the consent of the adopted parent, there is an alternative option to declare a minor already adopted. Section 13(a) The law states that "In the absence of parental consent, a court may, at the request of the Attorney General or his representative, declare a child adoptable" If one of the grounds listed in this section is met. For our purposes, it is important to note that the cause set forth in paragraph 1 states that it is possible to do so if the following condition is met:
"There is no reasonable possibility of identifying the parent, finding him or ascertaining his opinion; for the purposes of this paragraph, it is presumed that there is no reasonable possibility as aforesaid if the actions detailed below have been taken...