High Court approves adoptions by same-sex couples in landmark decision

The High Court of Justice rules unanimously in a groundbreaking decision that same sex couples may adopt children, under the terms of the 1981 law on adoption.

Current law states that only “a man and his wife together” can adopt children, which has for the most part meant that only heterosexual couples have been able to adopt, although same-sex couples have been able to do so in rare circumstances.

In its ruling, the court notes that it had dismissed a previous petition on the issue in 2017 because the government at the time promised to amend the legislation which gave preference to heterosexual couples.

Acting Supreme Court President Uzi Vogelman points out in his ruling that this legislation was never completed and that the state has said there is no horizon for doing so.

Vogelman deploys the judicial doctrine of “interpretation” to re-read the 1981 law in order to understand the language as allowing two people in a committed relationship to adopt children, as opposed to a specifically heterosexual couple.

He also argues that the “subjective purpose” of the legislator when passing the adoption law was that it was for a child’s benefit to grow up in a family unit which included two parents, which provides the child with stability and security.

Vogelman additionally asserts that professional opinions presented to the court demonstrated that the sexual preferences of parents has no bearing on a child’s welfare, which he said is commensurate with the “objective purpose” of the law – the good of the child.

Justices Alex Stein and Gila-Canfy Steinitz both concurred with Vogelman’s opinion.