Legal Updates

A parental order may be granted even if the parent is a non-Israeli who is in a gradual process of residency

March 1, 2020
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A married female couple have given birth to a girl who is the genetic daughter of the Israeli but not of her spouse, a Hungarian citizen whose stay in Israel is by virtue of a provisional license (under the gradual process for obtaining Israeli residency by virtue of marriage in Israel).
The Court granted a parental order stating that the foreign spouse would also be recognized as a parent. Given the desire to avoid abusing the naturalization process through family reunification - Israeli citizenship cannot automatically be obtained by marriage, but there is a "gradual process" according to which as long as the Ministry of the Interior is convinced that it is a real spousal relationship, the foreign spouse receives a residence permit: first a visitor's visa; after one year (for a married couple, or 3 years for a non-married couple) a temporary residence permit for one year at a time; and after 4 years (seven years if the couple is not married) a permanent residence permit. Termination of the relationship during the period may result in loss of the foreign spouse's residence permit. There is no place to limit the basic right of a person to the free choice of a family unit and of a child to grow in normal family conditions with both parents. Here, the spouses executed a binding agreement between them which governs their responsibility for the child, including in case of separation or if the foreign spouse will be forced to leave Israel. The child is an Israeli citizen and therefore there is no apprehension of abuse of the parental process only to create an Israeli status for the child (as opposed to the situation, which requires recognition of an Israeli parent when the foreign parent is the genetic parent). In addition, the benefit of the child, the importance of having a family unit and the circumstances of the case justify recognizing the foreign spouse as the child's parent by virtue of being married to the child's biological mother and there is no relevance to the fact that one of the spouses is not an Israeli citizen.