Adoption of Children Law, 5741-1981
חוק אימוץ ילדים, תשמ"א-1981
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Adoption order and decisions in adoption proceedings§
Definitions§
In this Law –
"child", "adoptee" – a person who has been adopted or is a candidate for adoption, as the case may be;
"adopter" – a person who has adopted or is a candidate to adopt, as the case may be;
"dayan" – any of the following:
"lawyer" – an advocate, not being an advocate authorised by the Attorney General for the purposes of this Law, who is qualified to be a judge of a Family Court, and whom the Attorney General has authorised for the purpose of receiving a parent's consent to the surrender of his or her child for adoption;
"judge" – a judge of a Family Court.
Best interests of the adoptee§
When examining the best interests of the adoptee in decisions in adoption proceedings, the rights, needs and interests of the child shall be taken into account, including the child's right to stability and, in that context, minimising transfers between frameworks or between families to the extent possible; insofar as the adoptee is capable of understanding the matter, his or her wishes and views regarding that matter shall also be taken into account, without derogating from the provisions of section 7.
Eligibility of the adoptee§
No adoption shall take place except in respect of a person who has not yet attained the age of 18 years.
Eligibility of the adopter§
No adoption shall take place except by a husband and wife together; however, a court may grant an adoption order to a single adopter –
Age difference§
No adopter shall be eligible unless he or she is at least 18 years older than the adoptee; however, in the case of an adopter whose spouse is a parent of the adoptee or has previously adopted the adoptee, a court may grant an adoption order even where that age difference does not exist.
Religion§
No adopter shall be eligible unless he or she is of the same religion as the adoptee.
Trial period§
A court shall not grant an adoption order unless the adoptee has been dependent on the adopter for at least six months before the order is granted; this period shall be counted from the day on which notice was given to a social worker appointed for the purposes of this Law as referred to in section 36 (hereinafter – adoption law social worker) that the adopter received the adoptee into his or her home with the intention of adopting the adoptee.
Consent of the adoptee§
Where the adoptee has attained the age of nine years, or has not yet attained the age of nine years but is capable of understanding the matter, a court shall not grant an adoption order unless it is satisfied that the adoptee wishes that adopter to adopt him or her; however, a court may, after hearing the adopter and an adoption law social worker, grant an adoption order without disclosing the fact of the adoption to the adoptee if it is convinced that all three of the following conditions are fulfilled:
Parental consent or declaration of a child as adoptable§
Parental consent and the time of its receipt§
Provision of information and explanations before receiving consent to the surrender of a child for adoption§
Particulars of the other parent§
Giving of parental consent§
Parental consent given outside Israel§
Notwithstanding the provisions of section 9, consent to the surrender of a child for adoption given outside Israel shall be given in one of the following ways:
Consent of a parent who is a minor§
Transfer of a request for the surrender of a child for adoption to the court§
If an adoption law social worker or a lawyer considers that in the circumstances of the matter the parent's consent to the surrender of his or her child for adoption should not be received, and the parent wishes to surrender his or her child for adoption, the worker shall refer the parent's request for determination by the court.
Limitations on parental consent§
Grandparents§
When a court is about to grant an adoption order in respect of an adoptee whose parents have died, it shall take into account the views of the adoptee's grandparents.
Surrender of a child for the purpose of adoption§
Declaration of a Child as Adoptable§
Revocation of a Declaration of a Child as Adoptable under Section 13(a)(1)§
Hearing of the Guardian§
Where the adoptee or his parent has a guardian, a court shall not declare a child adoptable unless it has given the guardian an adequate opportunity to present his arguments and to adduce his evidence.
Social Worker under the Adoption Law as Guardian§
Effects of Adoption§
Adoption creates between the adopter and the adoptee the same obligations and rights as exist between parents and their children, and confers upon the adopter, in relation to the adoptee, the same powers as are vested in parents in relation to their children; it terminates the obligations and rights between the adoptee and his parents and other relatives and the powers vested in them in relation to him; however —
Commencement of the Validity of Adoption§
The effects of adoption apply from the date of the granting of the adoption order, unless the court has determined in the adoption order that its effects, all or some of them, shall apply from another date.
Interim Order§
Revocation of an Adoption Order§
A court may revoke an adoption order on the basis of circumstances that were not known or did not exist at the time the order was granted, if it is satisfied that it is appropriate to do so and that the best interests of the adoptee require it; the provisions of this section are not intended to derogate from the power of the court to revoke its orders under any other law.
Effects of Revocation§
From the date determined for that purpose in the revocation order, the revocation of an adoption order severs the obligations and rights between the adopter and the adoptee and the powers of the adopter in relation to the adoptee, and restores the obligations and rights between the adoptee and his parents and other relatives and their powers in relation to him; however, the court may, in the revocation order, direct otherwise, whether generally or in respect of a particular right, obligation or power, and may order what shall be done with the adoptee after the revocation of the adoption.
Confidentiality of Proceedings§
Report of a Social Worker under the Adoption Law§
A court shall not grant an order under this Law unless it has received a written report from a social worker under the Adoption Law, and the provisions of sections 3 to 6 of the Welfare Law (Procedure in Matters of Minors, Mentally Ill Persons and Absentees), 5715-1955, shall apply with such modifications as are required by the matter.
Guardian for the Purposes of the Proceedings§
A court may, at any time and even if not requested to do so, appoint a guardian for the adoptee for the purposes of the proceedings under this Law.
Hearing of the General Guardian and Appointment of an Advocate§
Power to Deviate from Restrictions§
Where the court is satisfied that it will be in the best interests of the adoptee, it may, in special circumstances and for reasons which it shall state in its decision, deviate from the following restrictions:
The Competent Court§
Competent Religious Court§
International Jurisdiction§
An Israeli court is competent for the purposes of this Law where the adopter is a resident of Israel.
Inter-Country Adoption§
The adoption of a child from a foreign state (hereinafter — inter-country adoption) shall be carried out in accordance with the provisions of this Law.
Central Authority§
The Minister of Labour and Welfare shall appoint a chief social worker, as referred to in section 36(b), who shall serve as the central authority for inter-country adoption under this Law and for the purposes of the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, 1993 (hereinafter — the Central Authority).
Recognised Association§
Inter-country adoption shall be carried out through an association, within the meaning of the Associations Law, 5740-1980, whose sole purpose is activity in the field of inter-country adoption, and which the Minister of Labour and Welfare and the Minister of Justice (hereinafter — the Ministers) have recognised under this Law (hereinafter — recognised association).
Duty of trust§
In its activities under this Law, a recognised association shall act in good faith, with dedication and in accordance with the provisions of any law, while ensuring the child's welfare and respecting the child's fundamental rights, including those recognised under international law; the recognised association shall also bear a duty of trust towards any person who has applied to it for the adoption of a child or towards any person who has already adopted a child through it, so long as this does not prejudice the duty of trust towards the child.
Powers of the Central Authority§
Advisory committee§
Application for intercountry adoption§
Examination of applicant's fitness§
Notice of unfitness§
If a recognised association finds that an applicant who has submitted an application for intercountry adoption is not fit to adopt as aforesaid, it shall notify the applicant accordingly and shall transmit to the Central Authority, at the earliest possible time, its opinion regarding the applicant's unfitness to adopt.
Applicant who is not suitable for intercountry adoption§
Approach to the competent authority of the foreign state§
If a recognised association has approved, after conducting an examination and inquiry as referred to in section 28h, that the applicant has been found fit and suitable to adopt a child through intercountry adoption, it may approach the competent authority of the foreign state in which it is authorised to operate, with a request to place a child with the applicant for the purpose of intercountry adoption; the request shall be accompanied by an opinion drawn up by a social worker containing the matters set out in section 28h(a); for this purpose, "competent authority of a foreign state" means an authority authorised by a foreign state to engage in intercountry adoption, including the Central Authority designated by that state for such processing.
Approvals required from the competent authority of the foreign state§
Request for an opinion§
The recognised association shall request from the competent authority of the foreign state an opinion on the child, his identity and degree of suitability for adoption, on his family, background, social environment, religion, medical condition in the past and present, and any other material particular.
Consent of the recognised association to adoption§
Where the recognised association has received the documents and the opinions required under sections 28l and 28m, it shall determine, on the basis of an opinion of a social worker, whether the adoption of the child by the applicant is in the best interests of the child.
Application for approval of entry of child into Israel§
Transfer of the child to the applicant§
Restrictions on processing an applicant§
Where an applicant has received a child for the purpose of intercountry adoption, a recognised association shall not approve the transfer of an additional child to the applicant, other than a family member of that child, if eighteen months have not yet elapsed from the day on which the applicant received the child into his home.
Follow-up on the absorption of a foreign child§
A recognised association shall carry out, if requested to do so by the foreign state, a follow-up on the absorption of the child in the applicant's home, and shall transmit to the foreign state, upon its request, a report on the follow-up; where a recognised association has transmitted a report as aforesaid to the foreign state, it shall transmit a copy thereof to the Central Authority.
Guardianship§
Order for intercountry adoption by a court§
Measures for the protection of the child's welfare§
Recognition of an association§
Conditions for recognition of an association§
Additional conditions§
Where the Ministers find that, in light of the scope and manner of activity of a recognised association, there is a need to prescribe additional conditions for its activity, they may prescribe such conditions and direct that the activity of the recognised association shall be subject to the fulfilment of the additional conditions.
Application for recognition§
Supervision and transmission of information to the Central Authority§
Cessation of activity§
Revocation or suspension of recognition§
Confidentiality§
Notwithstanding the provisions of any law, a recognised association may transmit information in Israel or outside Israel to the extent necessary for intercountry adoption; however, a recognised association, its employees or any person acting on its behalf shall not transmit or disclose any information or document that has come to their knowledge in connection with their activity in intercountry adoption, except to a person authorised to receive the information or the document for the purpose of carrying out the person's functions under the provisions of this Law.
Restriction of adoption from a foreign state§
Agreement with a foreign state§
A recognised association shall not sign an agreement with a foreign state except in respect of the implementation of intercountry adoption and only with the approval of the Ministers.
Advertising§
A recognised association shall not publish anything other than a publication that constitutes factual information on the main features of its activity, provided that the publication of such information shall not prejudice the principle of the best interests of the child; the Ministers may prescribe rules for publication pursuant to the provisions of this Section.
Payments§
A recognised association shall not demand from an applicant, nor collect or receive from an applicant, directly or indirectly, payments for itself or for another in respect of its activity in intercountry adoption in Israel and in the foreign state, except in respect of expenses actually incurred in its intercountry adoption activity and in respect of services prescribed by the Minister of Labour and Welfare, all at a rate not exceeding the maximum amounts prescribed by the Minister, and the Minister may prescribe such amounts in foreign currency.
Processing of adoption applications without charge§
A recognised association shall process applications for intercountry adoption by applicants who do not have the financial means to pay all the adoption expenses; the Ministers, after consulting with the Advisory Committee, shall prescribe the number of applications to be processed pursuant to this Section and the rules and criteria for their approval.
Liability in torts§
A breach of a provision of sections 28h, 28i, 28j, 28n, 28r, 28z(b), 28aa(a) and (b) and 28ac constitutes a tort, and the Civil Wrongs Ordinance [New Version] shall apply thereto, subject to the provisions of this Law.
Intercountry adoption in accordance with foreign law§
Rules and guidelines§
The Minister of Labour and Welfare may prescribe professional rules and guidelines in accordance with which a recognised association shall operate; rules and guidelines under this Section shall be published in Reshumot (Official Gazette).
Entry into Israel§
Entry into Israel of a child for the purpose of intercountry adoption shall not be permitted unless the provisions of this Law have been complied with.
Adoption of a child from a foreign state transferred before the commencement of this Law§
Adoption Register§
Every adoption Order, including an Order to which section 31 applies, and every revocation of an adoption Order shall be registered in a register to be maintained by a Registrar appointed for that purpose by the Minister of Justice; the particulars and form of the registration shall be prescribed by Regulations.
Inspection of the Register§
Previous adoption orders§
A person adopted pursuant to an order of a court or a religious tribunal before the commencement of this Law shall be regarded as if adopted pursuant to this Law.
Prohibition of consideration§
Penalties§
Prohibition of Disclosure§
"matter likely to lead to identification", of a person — whether by the general public or by those in his or her close surroundings;
"biological parent" — one who transferred his or her child for adoption or whose child was declared adoptable under the provisions of this Law;
"adoptee" — excluding a candidate to be an adoptee;
"adopter" — excluding a candidate to be an adopter.
Interpretation§
A legislative provision and a document that refer to a person's child — an adopted child is included; a legislative provision and a document that refer to a person's parent — the adopter is included; and this applies where there is no other express or implied intention; this section shall apply only to a legislative provision and a document made after the 26th of Av 5720 (19 August 1960).
Implementation, Regulations and Appointment of Social Workers under the Adoption Law§
Appeals Committee§
Repeal§
The Adoption of Children Law, 5720-1960 — is repealed.
Amendment of the Legal Capacity and Guardianship Law§
In section 13a of the Legal Capacity and Guardianship Law, 5722-1962, in subsection (c), at the end thereof there shall come "or of a person at whose table the minor was dependent, with the intention of adopting the minor, in the year preceding the filing of the application for conversion of religion, provided that the court was satisfied that the conversion is required for the purpose of the adoption of the minor by that person under the Adoption of Children Law, 5741-1981".
Transitional Provisions§
Where the conditions for adoption have been fulfilled in respect of a person and an application in his or her matter is pending before a court on the eve of the publication of this Law, the court may grant an order or declaration even in deviation from the provisions thereof.
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