Israel LGBT Laws

In July 2000, the gay age of consent in Israel was lowered from 18 to 16 [R1.1].

The change brings the gay age of consent in line with the age of consent for heterosexuals.

The amendment to the penal code also exempts consensual gay sex involving youths 14 and 15 and youths up to three years older.

On 06 July 2018, it was reported that the Ayalon Insurance Company refused to finance a mastectomy for a transgender man, being told his policy does not cover mental disorders or psychiatric treatments. An appeal against the insurance company has been submitted, via the Human Rights Clinic at Tel Aviv University, claiming that its attitude reflects discrimination and prejudice, and that being transgender is not a mental disease [R1.3].

On 11 January 2018, it was reported that the Health Ministry has approved a pilot programme starting in April to allow bisexual and gay men to donate blood – regardless of when they last had sex. When bi and gay men donate their blood, Magen David Adom (MDA) – the Israeli equivalent of The Red Cross – will separate the plasma, freeze it and keep it in quarantine for four months. The donor will then need to come back four months later for a second donation [R1.2].

On 10 April 2016, Aiden Katri, a 19-year-old trans woman, who refused to report for basic training on the grounds that she is a conscientious objector holding anti-occupation views, was discharged by the Israeli Defence Force on mental health grounds after being incarcerated in Military Prison 6 [R1.1].

See also 2. Gender Identity – Courts & Tribunals below at [R2.4].

On 01 November 2018, it was reported that the Knesset rejected 49-41 a bill that would have allowed same-sex couples to have children by surrogacy. In July, the Knesset passed a surrogacy law that at expanded eligibility to single women [R1.14].

On 15 July 2018, it was reported that the Knesset Labor, Welfare and Health Committee voted down a proposed amendment to the surrogacy bill that would have included same-sex couples but the Bill expands eligibility to single women [R1.13].

On 06 January 2016, a gay couple discovered that the newborn baby they received after completing a surrogacy process in Nepal is not genetically their child and had to hand the baby girl over to its biological parents. All Israeli parents of overseas surrogate births routinely undergo tests to prove that the children are actually theirs. It is only then that the parents can formalize the status of their babies. The couple are now waiting for a second surrogate mother to give birth, to see whether the sperm they provided was used in the fertilization of that child [R1.12].

On 27 October 2014, an amendment to the Surrogacy Law of 1996 was passed (45-15, with 3 abstentions) on its first reading in the Knesset plenum and now goes to the Knesset House Committee for a decision on what committee will prepare it for its second and third readings [R1.11].

On 01 June 2014, the Cabinet approved the proposed surrogacy Bill to permit gay couples as well as single men and women in Israel to obtain surrogacy services. The Bill will go to a Knesset vote at a later date [R1.10].

On 02 March 2014, the Ministerial Committee for Legislation approved an amendment to the surrogacy law which would allow same-sex couples and singles to have babies through surrogacy [R1.9].

On 04 February 2014, it was reported that a government-sponsored Bill giving same-sex couples to use a surrogate in Israel was reportedly released and open for public suggestions for three weeks. The use of surrogates abroad would be restricted to couples who pay for the services of intermediary companies licensed by the government or clinics approved by special committees. Those who use surrogates abroad without going through an approved intermediary could face one year in prison [R1.8].

On 27 January 2014, the government issued a passport to the first newborn in a group of babies born to Israeli parents through surrogates in Thailand, paving the way for the parents, a same sex couple, to bring their baby home to Israel. Thai authorities require the approval of the surrogate mother as well as documents showing that she has consented to the baby being taken out of the country permanently, before permitting “parents” to leave the country with the baby after it is born [R1.7].

On 11 December 2013, Health Minister Yael German announced acceptance of the Mor- Yosef Committee recommendations to expand surrogacy law which thus far banned gay, lesbian couples from bringing a child through surrogate mother [R1.6].

Current surrogacy law allows only heterosexual couples to give birth through a surrogate mother. The unmarried are barred from creating such an agreement with an Israeli surrogate [R1.6].

On 19 March 2013, the Health Ministry Implementation Committee adopted a court recommendation to recognize both members of gay couples as parents of children born with the aid of overseas surrogacy [R1.5].

On 20 May 2012, the public committee for regulation of issues of fertility and childbirth published a report recommended that same-sex couples should be able to become the legal parents of surrogate children. The report must be approved by the Health Ministry before it can be forwarded to the Knesset for legislation [R1.4].

On 06 April 2012, it was reported that the public committee to regulate issues of fertility and childbirth in Israel – chaired by Professor Shlomo Mor-Yosef and comprising of 11 lawyers, doctors and public figures – will recommend to the Health Ministry to allow same-sex couples to qualify for surrogacy in Israel [R1.3].

As at November 2011, only heterosexual couples are authorized to undergo the surrogacy procedure and the Health Ministry committee was yet to recommend authorizing same-sex couple surrogacy following a petition to the High Court of Justice 18 months ago [R1.2].

In December 2009, the Israeli Health Ministry was reportedly considering allowing gay couples to have a child through surrogate mothers, according to ministry legal adviser Mira Huebner-Harel. Since 1996 surrogacy for heterosexual couples has been lawful [R1.1].

On 03 August 2017, the High Court of Justice reportedly postponed by six months its ruling on a petition (demanding Israel permit single people and same-sex couples to arrange surrogate births in Israel) to allow lawmakers to follow through with new legislation that might render the petition obsolete [R2.4].

On 03 February 2013, High Court of Justice recommended the state clarifies legal procedures for gay couples seeking surrogacy, as a legal framework does not exist and this amounts to discrimination [C2.3], [R2.2].

On 09 February 2012, same-sex couple Itay Pinkas and Yoav Arad reportedly petitioned the High Court with a request that the State be ordered to allow them to become parents through surrogacy [R2.1].

On 10 December 2016, the Israeli Population and Immigration Authority (PIA) reportedly recently granted asylum to a 26-year-old gay Eritrean man on the grounds that his returning to his country would endanger his life due to his sexual orientation. He was granted a renewable temporary residence, which gives him the right to work and access to social and health benefits [R1.9].

On 08 December 2016, Attorney General Avichai Mandelblit reported to the High Court of Justice that the naturalization process for foreign same-sex partners in Israel will be the same as that of their heterosexual counterparts. According to Mandelblit’s guidelines, couples of the same sex who present foreign marriage documents will be able to undergo the same procedure to receive citizenship for the foreign partner as do heterosexual couples. For heterosexual couples, the transition period lasts four years, resulting in the foreign partner receiving full citizenship [R1.8].

On 12 August 2014, Interior Minister Gidon Sa’ar (Likud) ruled that Jews in same-sex marriages can immigrate to Israel – even with a non-Jewish partner. The Right of Return also gives citizenship to spouses of the same sex when Jews choose to immigrate to Israel together [R1.7].

Israel allows an Israeli citizen to sponsor the residency application of their same-sex partner [R1.6].

Previously:

In 2000, Israel quietly began allowing gay citizens’ foreign lovers to immigrate [R1.5].

At a Knesset Committee on the Status of Women, the Interior Ministry’s Batya Carmon said immigration officials now treat same-sex couples the same as common-law spouses.

A foreign partner must present a request at the district office of the Interior Ministry along with proof of the relationship. The individual will receive a one-year tourist permit that allows employment.

After four years (during which the tourist permit is renewed annually), the individual can request temporary resident status. Several years later, he or she can seek permanent residency and, eventually apply for citizenship.

On 10 August 2011, the Interior Ministry reportedly granted citizenship to Bayardo Alvarez, a non-Jewish gay man married to Jewish man Joshua Goldberg, for the first time applying the Law of Return to a spouse in same-sex marriage. It is unclear whether move sets precedent [R1.4].

In July 2011, a special exceptions committee, headed by Director of the Interior Ministry’s Population and Immigration Administration Amnon Ben-Ami, reportedly approved providing a foreign partner of an Israeli diplomat with a diplomatic passport and Israeli citizenship, allowing him also to join his partner on his mission abroad [R1.3].

In June 2011, Joshua Goldberg and Bayardo Alvarez, both American citizens, emigrated to Israel. Goldberg, who is Jewish, received an Israeli identity card and immigrant certificate on arrival, under the Law of Return. Alvarez, despite exerting much pressure on the ministry, was granted only temporary residence [R1.2].

In April 2008, in a rare occurrence, the interior ministry granted a gay Palestinian man a temporary permit to live with his Israeli partner [R1.1].

On 13 September 2017, Justices Elyakim Rubinstein, Hanan Melcer and Anat Baron in the High Court of Justice were reported to have upheld the Second Authority for Television and Radio’s disqualification of the word ”marriage” in a public service announcement celebrating Arab and LGBT equality which refers to same-sex marriage, saying that same-sex marriage is Israel is still very much in dispute [R1.2].

On 14 July 2016, it was reported that the first gay pride march in the Israeli city of Beersheba was cancelled following a Supreme Court decision restricting the route of the march and citing police intelligence assessments that indicated the possibility of violence [R1.1]

On 26 August 2014, it was reported that in divorce proceedings, a rabbinic court in Jerusalem granted the custody of the children to the woman but at the husband’s request, issued an order prohibiting the woman from bringing her children to meet her female romantic partner. A petition has been filed on behalf of the woman in the Supreme Court challenging the order [R1.4].

On 19 March 2001, the Israeli High Court of Justice overturned a rabbinical court ruling that prohibited a lesbian from seeing her children from a heterosexual marriage if her female lover was present [R1.3].

In September 2000, the High Court of Justice had asked Attorney-General Elyakim Rubinstein for his opinion on whether the district and supreme rabbinic courts were empowered to issue a ruling banning a lesbian from spending time with the biological children of her partner [R1.2].

Justices Theodore Or and Yitzchak Zamir and Acting Justice Ayala Procaccia added that if Rubinstein determined that the rabbinic courts did not have the right to rule on the matter, the High Court ruling will automatically go in favor of the couple who petitioned the court against the rabbinic decision without recourse to another hearing. [R1.2]

In early 1999, a judge in the Family Court of Israel granted each of two woman in a lesbian relationship custody rights for each of their non-biological children [R1.1].

This was the first precedent in Israel which granted recognition, even though limited, of the lesbian family.

On 21 May 2019, it was reported that Knesset director-general Albert Sakharovich asked all department heads under his leadership to change the policy with regard to forms to read ”couple” rather than ”husband and wife”. Israel recognizes civil marriages, including homosexual marriages, performed abroad. Same-sex partners who marry outside of Israel can register their marriages in the country [R1.6].

On 26 April 2017, it was reported that the Israel Prison Service for the first time had granted prisoner Zaor Hankishayev a conjugal visit from his partner. In 2016, the Beersheba District Court reportedly recognized Hankishayev and his partner as having a civil union and accepted Hankishayev’s accusation that his conjugal visit rejection stemmed from discrimination because he is gay [R1.5].

On 08 May 2016, it was reported that Defense Minister Moshe Ya’alon (Likud) had announced that the government will recognize gay and lesbian partners of fallen soldiers as bereaved families, saying ”We view single-sex bereaved families and heterosexual bereaved families the same” [R1.4].

On 02 July 2012, it was reported that the Israeli Prison Service announced that according to its new policy, the considerations as to whether to allow a prisoner to receive conjugal visits will be the same for both heterosexual couples and homosexual couples [R1.3].

Effective November 2010, the Civil Union Law passed in March, enables Israelis with no officially defined religion to join a civil union recognized by the state. The four recognized religions in Israel are Judaism, Islam, Christianity and the Druse faith [R3.3].

Previously, Israelis may have been recognized as civily married if they were civily married overseas, and applied for recognition of their status by the Interior Ministry upon their return [R3.3].

In 2002, the chairman of the house committee in Israel’s Knesset, Yossi Katz of the Labor Party, proposed altering the Israeli parliament’s rules to ensure that gay partners of Knesset members have the same rights as their heterosexual counterparts [R1.2].

In 1994, same sex unions were recognized for benefit purposes [R1.1].

In 2002, the Tel Aviv municipality [regulations] did not discriminate against a person in the conferral of services due to his personal status. The municipality treats couples known to the public, including single sex couples, as couples in every sense, and will confer to them the same discounts and benefits in public services which are provided to married couples [R2.1].

Persons seeking benefits under the new regulations will have to submit an affidavit, signed by an attorney, to the municipality. Copies of the declaration form on the municipality’s internet site [R2.1]

In 2016, the Beersheba District Court reportedly recognized prisoner Zaor Hankishayev and his partner as having a civil union and accepted Hankishayev’s accusation that his conjugal visit rejection stemmed from discrimination because he is gay [R1.5].

On 17 October 2012, the High Court judges upheld the Civil Union Law, enabling Israelis with no officially defined religion to join in a civil union recognized by the state. Nevertheless, the court commented in various parts of the ruling on the perceived restrictive imperfections in the law, leaving the door open for the issue to be revisited in the future [R3.3].

On 03 May 2010, the Tel Aviv District Labor Court ordered the Makefet pension fund to pay a survivor’s pension to the surviving partner even though the partners hid their relationship from family members. The court also ruled that same-sex couples should not have the burdensome task of proving that they are in a committed relationship in order to collect such benefits, even if the relationship is a secret among family and acquaintances [R3.2].

In July 2007, after the death of her partner, a 64-year-old lesbian in Israel was granted a widow’s pension by the Israeli government [R3.1].

On 09 June 2014, it was reported that the law preventing discrimination in selling goods or services on the ground of sexual orientation only applies to public places like businesses, not private individuals selling or renting premises [R1.4].

On 18 March 2014, the Knesset voted 25-2 to pass a law amending the rights of the student prohibiting the discrimination in schools against students on the basis of their sexual orientation or gender identity [R1.3].

On 19 February 2012, MK Nitzan Horowitz (Meretz) delayed a vote on his bill prohibiting discrimination based on sexual orientation, so that advocacy groups for the LGBT (lesbian, gay, bisexual, transsexual) community can convince ministers to approve the legislation [R1.2].

In 1992, discrimination in employment based on sexual orientation became unlawful [R1.1].

On 26 February 2019, it was reported that Ben Yehuda Pizza has been ordered to pay 16,000 NIS ($4,400) to American rabbinical student Sammy Kanter for refusing to serve him last summer [R2.3].

On 24 June 2014, Judge Moshe Yoad Cohen in the Jerusalem District Court upheld a lower court’s ruling ordering an events hall to pay ₪60,000 compensation to a lesbian couple, after the venue’s operators refused to let them hold their wedding reception at the hall because of the women’s sexual orientation, finding the refusal violated the law prohibiting discrimination in the provision of goods and services, and entry to places of entertainment and public sites [R2.2].

On 12 September 2012, Judge Dorit Feinstein in the Jerusalem Magistrates’ Court ruled that the owners of the Moshav Yad Hashmona events hall must pay Tal Ya’akovovich and Yael Biran $15,000 for refusing to host the lesbian couple’s wedding reception on ideological grounds, plus legal fees and court costs [R2.1].

On 11 May 2014, the Ministerial Committee for Legislation approved an amendment to the Inheritance Law that would if it becomes law, allow members of a same-sex couple to include each other in their wills. At present, the Inheritance Law applies only to married couples, which are defined as “a man and a woman living as a family in a joint household” [R1.4].

In 2006, under a new proposal by the Israeli government, gay and lesbian couples in Israel would be able to inherit each other’s property after death without making a special court application [R1.3].

However, Israel’s Justice Minister reportedly revised a draft law on inheritance law for cohabiting unmarried couple to specifically exclude gay and lesbian couples [R1.2].

In February 2002, the Income Tax Authority asked the attorney general to support a lenient interpretation of the inheritance law that would allow same-sex partners to transfer property rights from one to the other without having to pay a tax [R1.1].

By law, the transfer of real estate between partners is tax free, but the language of the law refers to heterosexual couples. The Income Tax Authority, which implements a liberal policy in regard to the sexual makeup of the family unit, would like to allow same-sex couples enjoy the same benefits as do other couples.

On 24 November 2015, the Supreme Court rejected an appeal filed by the mother of m2f transgender May Peleg and reaffirmed a district court decision ordering that a request in May Peleg’s Will asking to be cremated should be honored despite the wishes of her ultra-Orthodox family [R2.5].

On 18 November 2015, Judge Arnon Darel in the Jerusalem District Court ruled that the body of Israeli transgender activist May Peleg be cremated as she requested in her Will, despite objections by her ultra-Orthodox family who had requested an injunction to stop the cremation and that they ‘be given the body for burial according to Jewish law’ [R2.4]. The decision has been appealed by the haredi Orthodox family to the Supreme Court [R2.3].

In May 2011, the Tel Aviv Magistrate’s Court set a legal precedent, declaring a gay Holocaust survivor’s life partner was eligible to inherit his entire estate – including his restitution payments [R2.2].

In October 2003, an Israeli tribunal ruled that a gay man cannot claim his deceased partner’s inheritance deeming that an Israeli law that recognizes an inheritance right for unmarried sexual partners applies only to heterosexual couples [R2.1].

On 06 July 2018, it was reported that the Ayalon Insurance Company refused to finance a mastectomy for a transgender man, being told his policy does not cover mental disorders or psychiatric treatments. An appeal against the insurance company has been submitted, via the Human Rights Clinic at Tel Aviv University, claiming that its attitude reflects discrimination and prejudice, and that being transgender is not a mental disease [R1.5].

On 10 April 2016, Aiden Katri, a 19-year-old trans woman, who refused to report for basic training on the grounds that she is a conscientious objector holding anti-occupation views, was discharged by the Israeli Defence Force on mental health grounds after being incarcerated in Military Prison 6 [R1.4].

See also 2. Courts & Tribunals below at [R2.5].

On 20 January 2015, it was reported that in response to a petition filed in the High Court of Justice by (Ronit Liran Shaked and another,) two non-operative m2f transgender woman, the State Prosecution announced that it will now be possible to change the gender designation on one’s identity card without actually having a sex-change operation. The existing Health Ministry committee that approves sex-change operations will set the criteria for determining a non-surgical sex change and examine the changes an applicant has undergone without the surgery. Certification by the sex-change committee will be sufficient for changing one’s designation in the population registry [R1.3].

On 13 May 2014, the Ministry of Health reportedly announced it was lowering the minimum age requirement to be approved for a sex change from 21 to 18. The rules also state that gender reassignment candidates must live a minimum of only one year with their new gender identity, rather than two [R1.2].

As at 06 May 2003, the Interior Ministry reportedly only permits individuals to alter the sex listed on their identity card or change their name after presentation of a certificate that confirms that they have had a sex change operation [R1.1].

On 20 March 2017, it was reported that the Haifa Rabbinical court forced a M3F transgender person to grant the estranged wife a ”get”, [divorce document] despite his claiming he could not now give it as he is a woman and a woman is unable to grant a ”get” [R2.6].

On 31 March 2016, it was reported that Aiden Katri, a 19-year-old trans woman, was sentenced to a week in Prison Six, a men’s prison, for refusing to carry out compulsory military service and faces multiple prison sentences if she continues to refuse [R2.5].

On 24 November 2015, the Supreme Court rejected an appeal filed by the mother of m2f transgender May Peleg and reaffirmed a district court decision ordering that a request in May Peleg’s Will asking to be cremated should be honored despite the wishes of her ultra-Orthodox family [R2.4].

On 18 November 2015, Judge Arnon Darel in the Jerusalem District Court ruled that the body of Israeli transgender activist May Peleg be cremated as she requested in her Will, despite objections by her ultra-Orthodox family who had requested an injunction to stop the cremation and that they ‘be given the body for burial according to Jewish law’ [R2.3]. The decision has been appealed by the haredi Orthodox family to the Supreme Court [R2.2].

On 12 September 2013, Justices Neal Hendel, Noam Solberg and Salim Joubran in the Supreme Court ruled that a transgender man who took part in the violent robbery of a gas station in 2010 have his time behind bars reduced because his gender identity requires him to be kept in isolation and his sentence should be reduced from 15 to 10 months in light of his special personal circumstances [R2.1].

In 1988, consensual sex between male same-sex couples was lawful [R1.2].

The law apparently does not mention lesbian couples [R1.2].

In December 1999, the then Health Minister Shiomo Benizri said that gays are sick deviants [R1.1].

On 21 May 2019, it was reported that Knesset director-general Albert Sakharovich asked all department heads under his leadership to change the policy with regard to forms to read ”couple” rather than ”husband and wife”. Israel recognizes civil marriages, including homosexual marriages, performed abroad. Same-sex partners who marry outside of Israel can register their marriages in the country [R1.6].

On 07 June 2018, the ”gay marriage” bill reportedly failed to pass the Knesset, three votes short [R1.5].

On 01 November 2015, NGO The Aguda, also referred to as The National LGBT Task Force, was reported to have petitioned the High Court of Justice to allow same-sex marriage in Israel [R1.4].

On 27 January 2013, MK Nitzan Horowitz of Meretz was reportedly preparing to submit a same-sex marriage law to the next Knesset [R1.3].

On 16 May 2012, the Knesset, which is responsible for passing all laws in Israel, threw out legislation put forward by Nitzan Horowitz, of the left-wing Meretz party, which would allow same-sex as well as inter-faith couples to wed [R1.2].

In August 2000, legislation to grant legal recognition to couples whose marriages are not recognized by the rabbinate reportedly would not be extended to include gay and lesbian couples [R1.1].

On 13 September 2017, Justices Elyakim Rubinstein, Hanan Melcer and Anat Baron in the High Court of Justice were reported to have upheld the Second Authority for Television and Radio’s disqualification of the word ”marriage” in a public service announcement celebrating Arab and LGBT equality which refers to same-sex marriage, saying that same-sex marriage is Israel is still very much in dispute [R2.9].

On 31 August 2017, Justices Elyakim Rubinstein (former deputy to the president), Neal Hendel and Anat Baron in the High Court of Justice reportedly rejected the claim that according to interpretations of the Basic Law: Human Dignity and Liberty, same-sex marriage should be recognized. They said there is no contradiction in the state’s current position regarding this issue and it was up to the legislators, and not the High Court, to determine this matter [R2.8].

On 20 March 2017, it was reported that the Haifa Rabbinical court forced a M3F transgender person to grant the estranged wife a ”get”, [divorce document] despite his claiming he could not now give it as he is a woman and a woman is unable to grant a ”get” [R2.7].

On 09 January 2017, a panel of High Court justices considering a petition filed by the Aguda national LGBT task force, that seeks to legalize gay marriage in Israel, reportedly expressed empathy about same-sex couples’ situation, but suggested that the matter was probably one for the Knesset [R2.6].

On 09 December 2013, Tel Aviv Family Court Judge Naftali Shilo handed down the second court decision in the country’s history approving the divorce of a homosexual couple. The court sidestepped the question of gay marriage, approving the divorce by merely ordering the Registrar to strike the couple’s married status from its list of married couples [R2.5].

On 02 December 2012, the Ramat Gan Family Court granted the divorce of Professor Avi Even and Dr. Amit Kama, who married in Canada in 2004, setting a new precedent in rejecting argument that only the rabbinical courts have the authority to dissolve marriage [R2.4].

On 21 November 2006, in an unprecedented 6-1 ruling, Israel’s Supreme Court ordered the government to recognize same-sex marriages performed abroad [C2.3], [R2.2].

In September 2000, recognizing a same-sex marriage was considered not to be within the scope of the family court system, according to a legal opinion submitted to the Ramat Gan Family Court on behalf of Attorney-General Elyakim Rubinstein [R2.1].

On 08 May 2016, it was reported that Defense Minister Moshe Ya’alon (Likud) had announced that the government will recognize gay and lesbian partners of fallen soldiers as bereaved families, saying ”We view single-sex bereaved families and heterosexual bereaved families the same” [R1.8].

On 10 April 2016, Aiden Katri, a 19-year-old trans woman, who refused to report for basic training on the grounds that she is a conscientious objector holding anti-occupation views, was discharged by the Israeli Defence Force on mental health grounds after being incarcerated in Military Prison 6 [R1.7].

See also 2. Courts & Tribunals below at [R2.4].

On 03 December 2015, it was reported that the Israeli military announced earlier in the week that it had scrapped a ban on HIV-positive recruits and will soon begin enlisting HIV-positive soldiers to non-combat roles [R1.6].

On 19 May 2015, it was reported that the Israel Defense Forces (IDF) had updated its regulations to apply to any couple recognized as being in a relationship by the Israeli National Insurance Institute, to accommodate the family needs of reservists who are in same-sex relationships in the same way they do those in opposite-sex relationships, including applications to postpone their compulsory service if both members of the couple are asked to deploy militarily at the same time [R1.5].

On 15 August 2011, a study was released in which LGBT soldiers in the Israeli Defense Force were asked about their treatment throughout the induction process and 40% said they have been subjected to verbal attacks, while 20% claim to have been physically or sexually assaulted [R1.4].

As at February 2006, Israeli teenagers are required to serve in the nation’s military. But they can seek an exemption for various reasons and sign up for a national service agency instead, a popular option for among women in the religious population [R1.3].

In 1993, the Israeli government lifted the ban on openly gay men and lesbians joining the services [R1.2].

In July 2000, a study by U.S. researchers found that the presence of gay and lesbian soldiers in the Israeli military did not affect combat readiness, unit cohesion, or military preparedness [R1.2] [R1.1].

On 31 March 2016, it was reported that Aiden Katri, a 19-year-old trans woman, was sentenced to a week in Prison Six, a men’s prison, for refusing to carry out compulsory military service and faces multiple prison sentences if she continues to refuse [R2.4].

On 13 February 2013, a court appeals committee headed by Judge Shlomit Jakubowicz instructed the defense ministry to compensate Julie Algavassi, a 3 year-old girl who lost her lesbian mother’s partner Faviola Bohadana in a fire incident, ruling the step-child was a dependent at the time of her step-mother’s death [R2.3].

In March 1997, the Israeli Defence Force was appealing a District Court Appeals Committee ruling that gave a military spousal pension to Adir Steiner, a gay man whose male lover, Colonel Doron Meisel died of cancer in 1991 [R2.2].

Previously:

In January 1997, the District Court ordered the army to recognise a gay man as the spouse of a deceased male colonel and extend him the same benefits as military widows [R2.1].

On 01 November 2018, it was reported that the Knesset rejected 49-41 a bill that would have allowed same-sex couples to have children by surrogacy. In July, the Knesset passed a surrogacy law that at expanded eligibility to single women [R1.13].

On 14 October 2018, it was reported that Israel has committed to full compliance with a Russian law barring same-sex couples from adopting Russian children as part of agreements reached this week pertaining to an adoption framework between the two countries [R1.12].

On 04 September 2018, the state reportedly announced that it has rejected a compromise proposed by the High Court of Justice to make it easier for both members of a lesbian couple to register as parents, throwing the decision back to the court. The state was responding to a petition submitted by Orly and Ravit Weisselberg-Zur, demanding that the process of registering parenthood for lesbian couples be the same as for heterosexual couples [R1.11].

On 02 August 2018, it was reported that in a reversal of the state’s previous policy, which discriminated against LGBT couples who wished to adopt, the proposed new adoption law would still give preference to couples over single parents, and to be considered a couple, the two partners would have to have been living together for at least three years. The new legislation will not include the clause in the previous law stating that ”there is no adoption except by a man and his wife together” [R1.10].

On 15 July 2018, it was reported that the Knesset Labor, Welfare and Health Committee voted down a proposed amendment to the surrogacy bill that would have included same-sex couples [R1.9].

On 29 August 2017, the Labor, Social Affairs and Social Services Ministry reportedly informed the state attorney that it was backing down from its previous position that it would not lift discriminatory procedures and says it accepts recommendations to allow gay and lesbian couples to adopt, although the Knesset would have to legislate on the issue as the current wording of the law describes adoptive parents as ”a man and his wife” [R1.8].

On 06 June 2017, it was reported that Israel had promised Russia that same-sex Israeli couples would not be allowed to adopt Russian children [R1.7].

On 19 May 2015, it was reported that the Israel Defense Forces (IDF) had updated its regulations to apply to any couple recognized as being in a relationship by the Israeli National Insurance Institute, to accommodate the family needs of reservists who are in same-sex relationships in the same way they do those in opposite-sex relationships, including applications to postpone their compulsory service if both members of the couple are asked to deploy militarily at the same time [R1.6].

On 17 November 2014, the Interior Ministry started issuing new identity cards to the children of gay parents that recognize they have two fathers or mothers. Previously, all ID cards listed ‘mother’s name’ and ‘father’s name’. On the new cards, ‘father’s name’ or ‘mother’s name’ appear twice [R1.5].

On 13 September 2013, The Interior Ministry was reported to have recognized two biological fathers of the same baby. Transgender man Yuval Topper-Erez gave birth to her partner Matan Topper-Erez’s baby in December 2011. Yuval was first identified as female in order to register the child with his spouse, and then his registration was changed to male [R1.4].

On 12 May 2013, Attorney General Yehudi Weinstein reportedly ruled that pending the finalization of proper legislation, family courts will be able to issue a court order recognizing a non-biological father’s parenthood following a genetic test proving the parenthood of the biological father of children conceived through a surrogacy process and other conditions to be further elaborated in future legislation, without the previous need for a lengthy and complex adoption process [R1.3].

On 19 March 2013, the Health Ministry Implementation Committee adopted a court recommendation to recognize both members of gay couples as parents of children born with the aid of overseas surrogacy [R1.2].

On 17 May 2010, prime minister Benjamin Netanyahu intervened on the side of gay father Don Goldberg stranded in India with his twin sons, overruling the judge’s decision. “I spoke this morning with the Interior Ministry and instructed it to relax the law and let the family return to Israel,” Netanyahu said [R1.1].

See 2. Courts & Tribunals [R2.11], [R2.10].

On 12 December 2018, Justices Neal Hendel, George Kara and Menachem Mazuz in the Supreme Court reportedly ordered the Interior Ministry to register the name of a child’s homosexual adoptive parent on his birth certificate, the petition being supported by Attorney-General Avichai Mandelblit [R2.19].

On 02 May 2018, the Supreme Court reportedly ruled that lesbian birth mother ”Adi” must let her former partner ”Hagit” forge a relationship with her son ”Gal”, even though he was born after the partners had separated. This is a precedent-setting ruling because it recognizes family relationships that are not blood relationships in families headed by LGBTpersons, even after they break up [R2.18].

On 18 June 2017, the High Court of Justice gave the government two months to reconsider its opposition to allowing same-sex couples to adopt in the country. Same-sex couples can be approved for adoption under Israeli law, but in practice only three such couples have adopted children in the past nine years. Many same-sex couples adopt babies from other countries [R2.17].

On 27 June 2017, the Central District Court, in a case involving Sarah Efrati Peltz and Dr. Lilach Efrati Peltz and seven other lesbian couples, reportedly ruled that the wife of the biological mother will also be considered the child’s parent from the moment of birth. The precedent-setting ruling does not include gay men raising children [R2.16].

On 07 August 2016, the Tel Aviv Family Court reportedly ruled that children born through surrogacy abroad can be adopted by homosexual couples without a paternity test, about which the High Court has been vague [R2.15].

On 25 November 2015, Tel Aviv Family Court Judge Yehoram Shaked issued a ruling recognizing an interfaith lesbian couple as the mothers of each other’s children, overturning the law that requires the adoptive parent and the child be of the same religion [R2.14].

On 28 January 2014, the High Court made a vague ruling when it endorsed a gay couple’s adoption of a child born through surrogacy while rejecting another’s, and left up in the air the issue of whether a paternity test was required for a successful adoption [R2.15].

On 04 March 2012, Judge Alyssa Miller, of Ramat Gan Family Court, ruled that a lesbian couple who underwent a medical procedure with the permission of the government six years ago, in which the egg of one woman was fertilized with the sperm of an anonymous donor and implanted in the womb of her partner, both be recognized as the mothers of a baby boy [R2.13].

On 16 December 2010, the Jerusalem Family Court ruled that the partner of a man could adopt a child born two years go to the man via a surrogate mother in India [R2.12].

In October 2010, a judicial ombudsman called the judge’s handling in the case in which a gay Israeli man who earlier fathered twins with an Indian surrogate before being denied entry back into the country with his children, “unnecessary, hurtful, and beyond the bounds of appropriate behavior” [R2.11].

In May 2010, the Jerusalem family court denied a gay Israeli man, Don Goldberg, reentry into the country with his twin sons, Itai and Liron, born to a surrogate mother in India, pending a paternity test to confirm that he is their father [R2.10].

However, see 1. State [R1.1].

In March 2009, a Tel Aviv family court ruled that a gay couple can adopt the son they took in 14 years ago [R2.9].

In March 2008, the Family Court in Tel Aviv ruled that a gay couple can both register to be their adopted son’s father [R2.8].

In December 2007, Israel’s Supreme Court said the government must recognise foreign adoptions by same-sex parents [R2.7].

In May 2000, the High Court of Justice allowed a lesbian spouse to be registered as the second parent of her partner’s biological son [R2.6].

On 10 January 2005, the Supreme Court ruled that a lesbian couple is able to legally adopt each other’s children [C2.5A], [R2.5].

In November 2005, the Be’er Sheva Family Court ruled that a lesbian woman can adopt her female partner’s daughter [R2.4].

In 2002, a homosexual couple petitioned the High Court of Justice requesting that it instruct the Interior Ministry to register both men as fathers of a child they have adopted in the US where the authorities registered both men as the fathers of the boy [R2.3] [R2.2].

In August 1999, a request by a lesbian couple for co-adoption of their non-biological children was denied by the Family Court in Israel [R2.1].

On 25 December 2013, the Knesset passed 44-20 a bill to allow same-sex parents to enjoy the same tax benefits as heterosexual couples with children. The Finance Ministry is expected to approve the reform by regulation [R1.2].

In February 2002, the Income Tax Authority asked the attorney general to support a lenient interpretation of the inheritance law that would allow same-sex partners to transfer property rights from one to the other without having to pay a tax [R1.1].

By law, the transfer of real estate between partners is tax free, but the language of the law refers to heterosexual couples. The Income Tax Authority, which implements a liberal policy in regard to the sexual makeup of the family unit, would like to allow same-sex couples enjoy the same benefits as do other couples.

In April 1998, the Israeli Knesset passed a law that bans anti-gay sexual harassment and other anti-gay actions in the workplace and all other facets of life.

Violators face civil and criminal penalities as high as two years in prison.

“Sexual harassment” is defined, in part, as “a despising or humiliating attitude that is shown toward a person regarding his sex or sexuality, including his sexual orientation.” [R1.1].

Quaere does the use of the words “his” and … his sexual orientation” thereby exclude lesbians?