The Israel Supreme Court Sunday held that non-Jewish children adopted by Jewish parents will no longer have to go through Orthodox conversions.
This practice was based on Section 5 of Israel’s Child Adoption Law, 5571-1981, which required the religion of the adoptive parents and the child to be the same. The court instead opted for a case-by-case analysis on whether the child will require conversion to the adoptive parents’ religion, explaining that a blanket conversion rule is not “always in the best interests of a child.” Rather, the court held, the government should consider “the totality of the circumstances” surrounding if the child should convert, including “his past, his characteristics, and his difficulties.”
In doing so, the court rejected the state’s argument that converting children earlier in life would be beneficial later on, citing removing boundaries to marry as one example. The state made this argument because Israel does not allow nor recognize interfaith marriage. The Chief Rabbinate of Israel is in charge of organizing the Jewish population’s religious activities in the country, including the Orthodox conversion process.
This comes after protests against judicial reform in the country, with some claiming the new measures will result in government overhaul of the judiciary branch.