Registering with Misrad Hapnim (Ministry of the Interior) Population Registry

Marriages in Israel are conducted only according to the religious rules. None of the religious bodies in Israel recognize gay marriage, thus same-sex couples cannot marry in Israel.

However, a same-sex couple who married in a country that does recognize gay marriage can be registered as married with the Israeli Misrad Hapnim.

In order to register, the couple must bring their civil marriage agreement, with the appropriate authentication (apostille), to their local office of Misrad Hapnim.

Important to know:

  • Being registered as married is NOT equal to being legally married in Israel and DOES NOT necessarily make you eligible for all the rights of a heterosexual married couple. For example, the right to a surrogate pregnancy, automatic recognition of the parenting of the non-biological parent, etc.
  • It does, however, make you eligible for other rights, including: tax credits, Bituach Leumi allowances, the right to appear in front of family court, etc.

Same-sex couples who marry outside of Israel and are registered at Misrad Hapnim can apply for divorce at an Israeli family court house.

Please note that if the couple has children, the non-biological parent can still be ordered by the court to pay alimony, even if they did not adopt the child/ren.

Alternatively, they can get a civil divorce outside of Israel and submit it, with an apostille, to Misrad Hapnim.

A person whose current sex does not match their listed sex in the Population Registry, can apply for a sex change at Misrad Hapnim (no fees for this process). The required documents differ per situation.

Everyone must bring:

  1. Application form
  2. Teudat Zehut
  3. Passport
  4. 2 current passport pictures
  5. If a name change is also requested – application form

Documents to bring according to circumstances:

  1. If the person underwent sex change surgery, they must bring medical documentation as proof.
  2. If the person underwent a sex change without surgery, they must bring medical documentation as proof.
  3. If the person’s actual sex does not match their sex listed in the official registration, they must bring legal document as proof.

Same-sex couples can adopt kids in Israel. The process is regulated by the Ministry of Social Affairs. See more here.

Adoption options in Israel:

  1. “Regular” adoption: In this scenario, a same-sex couple applies for adoption as a family unit. The fact that they are a same-sex couple will not be held against them in the discussion/decision. The child’s welfare will be the first and only priority.
  2. One spouse adopts the other spouse’s children. There are a few legal precedents in Israel in which the non-biological parent adopted the children of their partner, the biological parent, and became their full legal parent in the eyes of the law. These cases are complicated but the bottom line is that the child’s welfare will be the first and only priority. The question will not be whether the child should be raised in a LGBTQ family but rather, is it in the child’s best interest and welfare to be adopted by their biological parent’s spouse or not (taking into consideration that they are already living in an LGBTQ family). It should be noted there were a few cases where the family court recognized the parenthood of the non-biological parent, even without a full adoption.
  3. Adoption from overseas. In this scenario, the parent who legally adopts a child overseas registers with the Israeli Misrad Hapnim as the child’s adopting parent. The person’s sexual orientation and the nature of their relationship with their partner is irrelevant to the case.
  4. Guardianship (אפוטרופסות). This option involves a same-sex couple who hold a common house hold – the non-biological parent can be assigned as a guardian by the family court. The fact that they are a same-sex couple will not be held against them in the decision. The child’s welfare will be the first and only priority.
  5. Parental recognition for a biological child of a same-sex spouse without the need for a full adoption. This process can be done only at a family court in Israel and it’s highly recommended to use an experienced legal counselor. This option is relevant for:
    1. Male couples who use a surrogate mother overseas and both of their names are on the child’s birth certificate.
    2. Female couples who used a sperm donor to conceive the child.
    3. Cases where the child was born into an existing relationship.

Eligibility requirements:

  • Both partners are at least 21 years old.
  • The partners are living, and have been living, in a joint household for at least 18 months.
  • Both partners are Israeli residents.
  • No criminal record of violence or sex crimes.

The process:

  • File a request at the court as soon as possible after the birth and no later than 6 months post-birth.
  • The court may request a report from the office of social affairs.
  • In cases of overseas surrogacy, the court will most likely request a genetic blood test to prove the biological connection.

Israeli citizens who have a baby using a surrogate mother outside of Israel can register the newborn baby as their child with Misrad Hapnim. The process involves 2 steps.

  1. In order to register the child, the couple must present legal documentation proving that one of the spouses is, in fact, the child’s biological parent (one of the two documents below).
    • An official document (a court ruling or a birth certificate) from the country in which the process took place, stating explicitly which person is the biological parent.
    • An Israeli court ruling stating that one of the spouses is the child’s biological parent.
  2. In order to register the non-biological parent as the second parent, one of the following documents must be presented:
    • An official document (a court ruling or a birth certificate) from the country in which the surrogacy process took place stating that they are one of the parents.
    • An Israeli court ruling stating that the spouse of the biological parent is in fact one of the child’s parents.

Parenthood, Birth and More

Same-sex couples are entitled to the birth grant (from Bituach Leumi) like any other couple.

In cases of twins who were born in an overseas surrogacy process, the couple will receive only one grant, even if each of them is the biological parent of one of the twins. The couple will have to decide which person receives the grant.

For more information on birth grants, click here.

Same-sex couples are entitled to get a paid maternity leave.

For women, the spouse who gave birth can take paid maternity leave and her partner can share it with her, like any heterosexual couple.

For men, the biological parent is entitled to take paid leave if he meets the criteria.

*In cases of twins who were born in an overseas surrogacy process, only one spouse is entitled to receive the paid maternity leave, even if each of them is a biological parent of one of the twins. They will have to decide which one gets it and will also have the option to rotate as long as there is no overlap between them both.

*In case of triplets or more, please consult with Bituach Leumi for an additional available grant (Kitzvat Leida, birth allowance).

For more information, click here.

Same-sex couples are entitled to the child allowance. In all cases, the child allowance is allocated to one parent.

In cases where one of the spouses is the biological parent, the child will obviously be registered under this parent.

In cases where neither spouse is a biological parent, the couple can choose which parent will receive the child allowance. This decision is irreversible.

Please note, deciding which parent will receive the money has some financial ramifications (tax points, the number of children under the same parent affect the amount of the allowance, etc.)

For more information, click here.

Day cares recognized by the government are subsidized (based on income level). Same-sex couples who run a joint household are entitled to this subsidy. Olim Chadashim may be entitled to the benefit regardless of their income.

Read more here.

Additional Information

  • Same-sex couples will not receive their Teudot Zehut at Ben Gurion Airport if they make Aliyah on a designated flight – only at their local office of Misrad Hapnim. Same-sex couples who make Aliyah on a Nefesh B’Nefesh group or charter flight should get their Teudot Zehut at the airport, but it is recommended to confirm this with your Aliyah advisor before booking a flight.
  • It is critical to bring all medical and legal documentation about a sex-change, in order to ensure the registration goes smoothly.
  • Same-sex couples will not automatically receive rental assistance. They must go to a rental assistance company.
  • The income level of the parents in a same-sex couple will not be evaluated on the same terms as the spouses in a heterosexual couple, when determining the eligibility of the family for the child care subsidy. Therefore, the parents will need to decide which parent’s income will be assessed as the “main parenting figure,” and which will be the “other” parent. This decision is irreversible.

In a heterosexual couple, if the wife (and only the wife) is a homemaker, she is covered by her husband’s Bituch Leumi payments.

Females:

  • Both partners must go to their local office of Bituach Leumi to declare which of them is the homemaker.
  • This is irreversible!
  • From the perspective of Bituach Leumi, female same-sex couples are spouses to the full extent of the law and are eligible for all spousal benefits, including a special death grant if one spouse passes away.

Males:

Both partners are required to pay. There are no exemptions.

Click here to read more.

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Call us.

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