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LilMtnCbn
06-22-2004, 06:27 AM
http://www.jpost.com/servlet/Satellite?pagename=JPost/JPArticle/ShowFull&c
id=1087787669842&p=1006688055060

Parents split on adoption offer
By YAAKOV KATZ


The biological parents of a 13-month-old adopted child rejected a court
proposal on Monday that could have ended the custody battle with the baby's
adoptive parents. The adoptive parents accepted the proposal, contents of which
are under a tight gag order, after asking to add several provisions to the
original draft.

"The time has arrived to come to our senses and to implement the basic human
right, which is the child's return to his biological parents," attorney Moshe
Levy, who represents the biological parents, told the court in response to the
offer.
The Tel Aviv District Court on Sunday made a proposal to the two sides in the
custody dispute, granting them until Monday afternoon to decide whether to
accept it.

The court is scheduled to hand down its ruling in the next few days, the Courts
Administration announced Monday. But whatever the ruling, both sides have
already announced that they intend to appeal the decision to the Supreme Court,
a step that will only drag the case on and continue the uncertainty surrounding
the child's future.

Family law expert Dr. Ruth Halperin-Kaddari conjectured that Judge Savione
Rotlevy, who heads the judicial panel hearing the case, offered the sides the
opportunity to skip steps in the proceedings and to grant the adoptive parents
legal standing in the case in order "to go straight to the crux of the case,
which is a debate over the question of what is the child's best interest."

Halperin-Kaddari said she does not believe that the court offered the sides the
possibility of joint custody, since even if it were a viable option, it is
still too early in the proceedings to make such an offer.

On Sunday, the court heard a petition filed by the adoptive parents, who are
asking the court to endorse their right to raise the child, who has been in
their custody since he was 10 days old. The panel of judges ordered that the
child remain in the adoptive parents' custody until the end of legal
proceedings.

The biological mother, who had separated from the baby's father before his
birth, and consented to the adoption, claims she did so in a state of
confusion; after reuniting with the father several months ago, she put in a
formal request to have the child returned to her.

According to attorneys Levy and Dean Adani, the adoptive parents should not be
granted legal standing since the Ramat Gan Family Court already ruled that the
child should be returned to his biological parents.




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