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Israel top court rules both gay parents should be put on birth certificate

Israel top court rules both gay parents should be put on birth certificate

Gay couple hug at Tel Aviv Pride 2015

Israel’s High Court of Justice ruled yesterday (12 December) both same-sex parents have the right to be on birth certificates.

In a landmark case, the top court ruled the Interior Ministry cannot refuse this right based on the parent’s sex.

It comes after two gay men adopted a son, then tried to get both names on his birth certificate. But Ministry officials refused to write both names on the birth certificate.

The gay men appealed the decision. They then said the refusal could have ramifications for the both them and their son in the future.

It’s for ‘the good of the child’

Justice Neal Hendel handed down the decision, alongside justices George Kara and Meni Mazuz.

Hendel said in the decision: ‘The principle of “the good of the child” argues for the recording of his entire family unit,’ reports the Times of Israel.

‘[It] doesn’t permit us to limit ourselves to only one of his parents in the birth certificate.

‘The contrast with the treatment of a child adopted by a heterosexual couple, who has the right to have both adopted parents written in a birth certificate, is a contrast that applies both to the child and to the parents,’ he said.

Kehilat Ahavat Yisrael is a new Orthodox synagogue that's welcoming to LGBTI Jews
Kehilat Ahavat Yisrael is a new Orthodox synagogue that’s welcoming to LGBTI Jews. | Photo: Wikimedia Commons

Hendel then added: ‘It is unreasonable for the couple to be [legally] recognized as parents but for the certificate not to give expression to that fact.’

This decision may influence two other decisions soon to be appearing before the same top court.

The first is a lesbian couple who want to have both of their names written on the birth certificate, despite only one of them having a biological link to the child. The second case concerns a transgender man who want to change ‘mother’ to ‘father’ on his child’s birth certificate.

See also: 

Israeli religious group denounces LGBTI community for ‘destroying family values’

Eurovision Song Contest winner Netta: ‘I never ever want to compete again’

LGBTI activists threatened for unfurling Pride flags in Jerusalem