Minors - עמיהוד בורוכוב, משרד עורכי דין

Can two cohabiting lesbians become guardians for each other’s children who have no known biological fathers ?

Guardianship and Adoption •Minors

Yes, the Tel Aviv District Court allowed two Lesbian women who cohabited with their children – born to each of them via anonymous sperm donors – to be registered as an additional guardian for the other’s child.

My sister and her husband were killed in a terror attack. They had two children. I have been looking after them as I am their closest relative in Israel. I would like to become their legal guardians but am worried that I will be liable for their maintenance. Is that so ?

Guardianship and Adoption •Minors

No ! The 1962 Legal Capacity and Guardianship Act explicitly states that the appointment of someone as a guardian does not entail any maintenance obligation towards that person.

What can be done to solve decision–making concerning minors, if family on both sides fail to consult and co-operate as ordered by court, and the surviving parent is in prison and cannot decide on all matters ?

Guardianship and Adoption •Minors

An application can be made for the appointment of an independent guardian for the children, who is not a member of either family, for certain issues .

Such a situation would be an exception to the rule whereby preference is usually given to family members concerning the appointment of an additional guardian for the children following the death of one parent.

A tragedy befell our large family recently. A young mother died in tragic circumstances, and her husband has undergone major surgery . All the family on both sides have been very supportive in helping look after the young children, but nothing official has been done, although there are enough relatives on both sides who are willing to take on responsibility. What is recommended ?

Guardianship and Adoption •Minors

Where one parent has died, and the other is seriously ill and his ability to look after their minor children is seriously affected, the best option is for an able and willing member of the family to apply to the family court to be appointed as an additional guardian for the minors. The 1962 Legal Capacity and Guardianship Law makes provision for this, and gives preference to family members.

Does an unborn child have rights and if so, how can they be protected ?

Guardianship and Adoption •Minors

Yes ! section 33 (a)(6) of the Legal Capacity and Guardianship Law states that a court can appoint a guardian for a foetus . The guardian would represent the foetus and protect its rights.

An example of the use of this section would be where a single woman has been made pregnant by a boyfriend who has left the country. the court can appoint a guardian to represent the foetus and apply for an order preventing the alleged father from leaving the country ,if he visits again. The mother can then file at the family court for a declaratory judgment establishing paternity and for child maintenance, once the baby is born. The order will ensure that the alleged father is in the country so that the litigation can proceed properly .

Will one parent found guilty of murdering the other lose all rights regarding their children ?

Guardianship and Adoption •Minors

Firstly, assuming that the appeal in the criminal process is over, and the parent is serving a life sentence for murder, then he will clearly lose custody, and most likely have his guardianship rights severely restricted, too.

I now live separately from the woman with whom I had a child and pay maintenance for him. She wants me to give up my guardianship over him. Will this mean that I don’t have to pay maintenance anymore?

Guardianship and Adoption •Minors

No ! Under the 1962 Legal Capacity and Guardianship Law both biological parents are a minor’s natural guardians, although only one of them , usually the father, may be declared the parent with custody, and the non-custodial parent is the one who has to pay maintenance. Even if the mother files a plea to become the sole guardian of the minor, and the father agrees to this, it is unlikely that the court will accept this, unless there are exceptional circumstances, such as his prolonged absence from the country and lack of interest in the child. Furthermore, even if the court does agree to the mother becoming the minor’s sole guardian, this will not free the father of his maintenance obligation towards the child.

In my divorce agreement which was authorized in court I agreed to my ex-wife having custody of our children and she undertook not to file any plea to increase the maintenance we agreed upon against me. Now, following an argument we had about my participation in the cost of psychological treatment, she has asked the family court to strip me of my role as guardian and to declare that she is the children’s sole guardian. Can she act this way and can the court deprive me of my role as guardian ?

Guardianship and Adoption •Minors

The minors’ biological father is their natural guardian, as is the mother. He remains their natural guardian even if she has custody and he does not, and even after they divorce. Under the 1962 Legal Capacity and Guardianship Act a parent can only be deprived of guardianship as an exception, if certain, very strict conditions under the 1960 Youth ( Treatment and Care) Act are met.

Until what age do parents have legal duties towards their children ?

Guardianship and Adoption •Minors

Until the children are no longer minors, and become adults, at the age of 18.

Can two cohabiting lesbians become guardians for each other’s children who have no known biological fathers ?

Guardianship and Adoption •Minors

Yes, the Tel Aviv District Court allowed two Lesbian women who cohabited with their children – born to each of them via anonymous sperm donors – to be registered as an additional guardian for the other’s child . It would not allow them to adopt each other’s child/ren, though since then the courts’ attitude has softened, and since then a Lesbian couple won the right for each of them to adopt the other’s child.