A joint parenting order may be retroactive to the time of birth even if the motion is filed late

Nearly three years after a son was born from a sperm donation to a couple, they sought a parenting order to recognize both, and not just the biological mother, as the minor's mothers.
The Court held that the parenting order will be retroactively applied as of the date of the minor's birth. Two spouses, who signed a "parenting agreement", may apply for a "Parent Recognition Order for a Spouse’s Child " when the spouse conceived from an anonymous sperm donation. A parenting order will only be issued when it is in the best interests of the child and, among other consideration for the provision of a parenting order, are that the couple are residents of Israel who are at least 21 years of age, have been in a relationship for at least 18 months before entering the "parenting agreement"; the parenting agreement was made before the fertilization procedures commenced; and the motion was made within 90 days of the birth. However, the Court may apply a parenting order as of the date of birth if the delay in moving for a parenting order is not caused by issues related to the parental relationship but for other reasons. Here, the couple shared the fertilization procedure, have maintained a parental system since the birth of the minor and the reason for the delay in filing was health circumstances of one of the mothers. Therefore a retroactive parenting order was given as of the date of birth.