Hi Marlene,

Here are three law review articles that confirm that Israeli courts utilize the "Best Interests" Standard. The articles are attached (with the relevant text highlighted), and a description of the articles follows.

Regards,

Avishai

1) Schuz, Rhona. "The Right of a Child to be Raised by His Biological Parents--Lessons from the Israeli 'Baby of Strife' Case." Children's Legal Rights Journal, 27(3), Fall 2007. 85-106

This article discusses a well-known Israeli adoption trial known as the "Baby of Strife" case. The article notes that while both the Supreme Court and District Court mentioned "the rights of the biological parents [and] the institution of adoption," the Supreme Court's final decision, "as in previous similar cases, was based on the best interests of the child" (p. 85). The article goes on to assert that the "Best Interests" Standard "is considered the overriding principle in the matters of minors in Israeli jurisprudence" (p. 86).

2) Einhorn, Talia. "Same-Sex Family Unions in Israeli Law." Utrecht Law Review, 4(2), June 2008. 222-235.

The article discusses legal challenges faced by same-sex couples in Israel. Near the end of the article, Einhorn writes: "It is to the credit of the Israel Supreme Court that it has done everything within it powers

to make Israeli family law adapt to modem civil society, using principles borrowed from private

international law, on the one hand, while not leaving any building block of the civil law unturned

in search for remedies to help spouses of all sorts, on the other...

The Court has taken special care

to ensure the protection of the best interests of children, not hesitating to overcome any legal

obstacle along the way" (p. 235).

3) Ben-David, Vered. "Standards for Determining Parental Incapacity: An Analysis of Court Decisions in Favour of Involuntary Adoption in Israel." Child and Family Law Quarterly, 25(2), 2013. 181-199.

This study analyzes judgments of parental incapacity in Israel - that is, situations where an Israeli court terminated parental rights and declared children eligible for adoption. The article cites overwhelming evidence that "best interests of the child" are taken into account in Israeli legal decisions - however, it also states that Israel does not believe a child's "best interests" alone can terminate parental rights. (As a result, the usefulness of this article depends on the exact claim we are trying to disprove).

Writes Ben-David: "According to Israeli adoption policy the child's best interests in itself does not constitute an adoption cause and the courts stress that, even if a child were to develop

better in a family other than his biological one, this is not sufficient ground to declare

him eligible for adoption and terminate parental rights. The legislation defines the

threshold for intervening in a family as parental behaviour and/or condition that

prevents the parent from taking due care of his child, with no possibility of change in a

reasonable period of time. The child's best interest is considered by the courts after

the state has proved the adoption cause of parental incapacity (or another adoption

cause listed by the legislation), when the court examines whether adoption is in the

child's best interests or whether other placement arrangements are appropriate. So,

even if some parental qualities and standards serve a child's best interests and

parents are evaluated as lacking in these, this in itself is not considered an adoption

cause or basis for terminating parental rights" (p. 198).