Tel Aviv Court Rebukes Interior Ministry Over Lesbian Parental Registration Policy
The Tel Aviv Administrative Court recently issued a sharp rebuke to Israel's Interior Ministry for its handling of registering the genetic mother as a parent from birth in lesbian couples. Judge Michal Agmon-Gonen ruled that the ministry implemented a policy contradicting final court rulings and imposed 100,000 shekels in legal costs on the state.
The case involved two same-sex families who each had a child through the ROPA procedure, where one partner's egg is fertilized and implanted in the other partner, who carries and gives birth. When the families requested the genetic mother be registered as a parent from birth, the Interior Ministry demanded a judicial parentage order, prompting the legal challenge.
The families argued this requirement violated binding court decisions stating that the registrar cannot demand a judicial order if the genetic link is proven. The Interior Ministry and Population and Immigration Authority countered that under the Population Registry Law, a judicial parentage order is necessary to reliably establish parentage, describing it as a quick, accessible, and inexpensive process.
Judge Agmon-Gonen rejected the ministry's position, condemning the blatant disregard of final rulings. She cited precedents affirming that a genetic mother's biological connection suffices for parentage registration without a court order. The judge emphasized the state's obligation to follow these rulings and found the ministry's demand unfair and discriminatory, burdening courts unnecessarily.
The ruling ordered that once the genetic link is proven, the mother must be registered as a parent from birth. The court also instructed the registrar to review documents for the second family and register the genetic mother if the link is confirmed. The judgment highlighted the administrative inefficiency and legal redundancy caused by the ministry's policy and imposed exceptional legal costs on the state.
This decision reinforces the legal recognition of both mothers in lesbian families immediately after birth, aligning administrative practice with established judicial precedent.
