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07-01-2004, 06:41 AM
http://www.haaretz.com/hasen/spages/445882.html
Adoptive parents of contested baby get legal standing
By Ruth Sinai
The adoptive parents of a 13-month-old boy have the right to appeal a recent
court ruling to return the baby to his biological parents.
In a precedent setting ruling, Tel Aviv District Court decided to give the
adoptive parents legal standing, albeit partial, in the case.
The biological parents have announced they will appeal this latest ruling this
morning.
The child was put up for adoption by his biological mother several days after
birth. She later changed her mind and enlisted the help of the baby's father to
have her child returned.
The judges yesterday accepted the petition of the adoptive parents, who until
now had no legal foothold in the case even though they had raised the baby
since he was born and were the damaged party in the earlier Family Court order
to return the boy to his biological parents.
The judges ruled: "There is no doubt the petitioners (the adoptive parents) are
the `psychological' parents of the minor and that they are his `de facto'
parents. They have had custody of him since he was ten days old, they take care
of him with dedication, make sure he wants for nothing, shower him with love
and warmth, and no one has contested the fact that they are the persons closest
to him."
In a 36-page statment, judges Saviona Rotlevi, Judith Shtupman and Joshua
Shneller wrote that they could not rule against the legal status of the
adoptive parents where the baby is concerned, nor could they ban them from
pursuing legal action regarding him because they have a human right to do so as
his psychological parents.
"There's no doubt that of all the people involved in this case, the petitioners
have the closest relationship with the minor. Their right to appeal should stem
from all the aspects of their bond with him," the judges wrote.
Parents' restricted standing
However, the judges restricted the standing of the adoptive parents, ruling
that they would not be "a party" to the case.
They will not be able to take part in the legal debates to prevent them from
meeting the biological parents, as this might violate the anonymity principle
at the basis of the adoption process.
Their lawyers will be able to receive the opinion written about the biological
parents by a court-appointed expert, but not the raw material she based her
opinion on.
Nor will they be permitted to question the biological parents in court or get
surveys and opinions from the adoption file.
The next hearing in the case was scheduled for July 7 and the judges are
expected to ask the court to appoint an expert to determine whether the child's
best interest is to stay with his adoptive parents or move to his biological
parents.
Judge Saviona Rotlevi said although the adoption law gives only the biological
parents and the state a legal standing, "it appears that [the Family Court]
erred by not allowing the appelants the right to be heard and present their
case, while their rights and interests were about to be harmed."
Due to the Family Court's refusal to give the adoptive parents a legal standing
"their right to be heard, which is part of the rules of natural justice, was
impaired," she wrote.
Rotlevi criticized the adoptive parents for exposing the toddler to the cameras
of the media and for waiting a month before presenting their appeal against the
Family Court's ruling.
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
Adoptive parents of contested baby get legal standing
By Ruth Sinai
The adoptive parents of a 13-month-old boy have the right to appeal a recent
court ruling to return the baby to his biological parents.
In a precedent setting ruling, Tel Aviv District Court decided to give the
adoptive parents legal standing, albeit partial, in the case.
The biological parents have announced they will appeal this latest ruling this
morning.
The child was put up for adoption by his biological mother several days after
birth. She later changed her mind and enlisted the help of the baby's father to
have her child returned.
The judges yesterday accepted the petition of the adoptive parents, who until
now had no legal foothold in the case even though they had raised the baby
since he was born and were the damaged party in the earlier Family Court order
to return the boy to his biological parents.
The judges ruled: "There is no doubt the petitioners (the adoptive parents) are
the `psychological' parents of the minor and that they are his `de facto'
parents. They have had custody of him since he was ten days old, they take care
of him with dedication, make sure he wants for nothing, shower him with love
and warmth, and no one has contested the fact that they are the persons closest
to him."
In a 36-page statment, judges Saviona Rotlevi, Judith Shtupman and Joshua
Shneller wrote that they could not rule against the legal status of the
adoptive parents where the baby is concerned, nor could they ban them from
pursuing legal action regarding him because they have a human right to do so as
his psychological parents.
"There's no doubt that of all the people involved in this case, the petitioners
have the closest relationship with the minor. Their right to appeal should stem
from all the aspects of their bond with him," the judges wrote.
Parents' restricted standing
However, the judges restricted the standing of the adoptive parents, ruling
that they would not be "a party" to the case.
They will not be able to take part in the legal debates to prevent them from
meeting the biological parents, as this might violate the anonymity principle
at the basis of the adoption process.
Their lawyers will be able to receive the opinion written about the biological
parents by a court-appointed expert, but not the raw material she based her
opinion on.
Nor will they be permitted to question the biological parents in court or get
surveys and opinions from the adoption file.
The next hearing in the case was scheduled for July 7 and the judges are
expected to ask the court to appoint an expert to determine whether the child's
best interest is to stay with his adoptive parents or move to his biological
parents.
Judge Saviona Rotlevi said although the adoption law gives only the biological
parents and the state a legal standing, "it appears that [the Family Court]
erred by not allowing the appelants the right to be heard and present their
case, while their rights and interests were about to be harmed."
Due to the Family Court's refusal to give the adoptive parents a legal standing
"their right to be heard, which is part of the rules of natural justice, was
impaired," she wrote.
Rotlevi criticized the adoptive parents for exposing the toddler to the cameras
of the media and for waiting a month before presenting their appeal against the
Family Court's ruling.
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
