Court Denies Mother's Bid to Reverse Consent for Son's Adoption

A family court in Haifa has rejected a mother's request to withdraw her consent for the adoption of her son, who has been with a foster family for approximately five years. The judge, Shoshana Berger, dismissed the mother's claims of deception, stating she was represented throughout the process, understood the implications of her signature, and even prepared a farewell letter to her son.

The now 8-year-old boy was initially removed from his mother's care at age six due to neglect and danger, placed with his grandmother, and then moved to emergency foster care. He briefly returned to his mother's home but was again removed in May 2021 at her request and placed with a foster family. In December 2021, the mother signed her consent for adoption.

Months later, in September 2022, she sought to revoke her consent, alleging she signed under deception, in a complex emotional state, and out of fear of the child's father, claiming her judgment was clouded. She stated she is now remarried to a supportive husband and is "stronger and more sober" to raise her son.

The state argued the mother's consent was voluntary and informed, without pressure or coercion. They contended no significant change in her circumstances justified revoking consent and that the child's best interests required him to remain in foster care. Judge Berger concurred, finding the mother's consent was given with a clear mind, without exploitation of her emotional state, and that she had ample opportunity to consider her decision. The judge noted the mother's farewell letter demonstrated her understanding of the act's significance, driven by a desire for her son's better future.

Despite acknowledging the mother's pain, the court found no procedural flaws justifying the reversal of the adoption. "I have reached the conclusion that returning him to his mother now constitutes a dangerous gamble, at the child's expense," Berger wrote. The court also found no evidence of pressure or undue influence, noting the mother was represented and acted against legal advice to proceed with a formal adoption declaration. The court determined the child's best interest lies in remaining with the prospective adoptive parents, citing significant risk to his well-being if returned to his biological mother.