Making Aliyah as a Family

Marriage

Same-sex marriage cannot legally be performed in Israel. Israeli law allows same-sex marriages performed elsewhere to be registered, but not recognized based upon a 2006 Israeli Supreme Court decision.

Civil marriage doesn't exist in Israel for heterosexual couples either (except where both heterosexual spouses do not belong to any of the recognized religious communities in the country), and therefore only a marriage sanctioned by the small number of officially recognized religious authorities can take place within Israel. (This restriction forces not only same-sex couples, but also all mixed-religion heterosexual couples and any person who wishes a non-religious marriage, to marry outside the country.)

There have been 5 failed legislative attempts in the Knesset to recognise same-sex unions. The first attempt was a civil marriage bill, which included provisions for same-sex marriages. The bill was rejected in May 2012 in a 39 to 11 vote, with 70 not attending. The second and third attempts were two similar bills that would have provided for civil unions in Israel for both opposite-sex and same-sex couples. On 8 July 2015, the Knesset rejected the Meretz and Yesh Atid bills, in a 39-50 vote. In June 2018, the Knesset rejected a same-sex marriage bill introduced by The Zionist Union party. The bill failed by just three votes, 39-42.

In June 2020, it was reported that Tel Aviv will explicitly recognize both civil unions and same-sex marriage from outside Israel. In Nobember 2020, it was also reported that Ramat Gan, Givatayim, and Ramat Hasharon will also explicitly recognize both civil unions and same-sex marriage from outside Israel. 

Law of Return 

On 10 June 2011, the Law of Return was tested when a gay male couple, one Jewish and one Catholic, made Aliyah to Israel. This couple was the first same-sex, different-religion married couple to request joint Aliyah status, although opposite-sex married couples of opposite religions receive joint Aliyah approvals always. The Jewish man quickly received citizenship but the decision of citizenship for his husband was delayed by the Ministry of the Interior Affairs despite the clause in the law which claims the spouse of the Jewish immigrant must also be granted citizenship. In August 2011, the Ministry of the Interior Affairs granted citizenship to the non-Jewish husband as required by the Law of Return. In 2014, Interior Minister Gidon Sa'ar officially decided that, according to the Law of Return, Jews in same-sex relationships married abroad wishing to immigrate to Israel can do so even if their partners are not Jewish, and both them and their partners will receive Israeli citizenship.

In December 2016, the Attorney General to the parliament issued an instruction to Israel's Ministry of Interior Affairs to consider applications for citizenship by same-sex and opposite-sex couples equally under the same terms. The same-sex spouse of an Israeli citizen will now be able to claim Israeli citizenship at the same speed as an opposite-sex spouse. Previously, same-sex couples had to wait up to seven years, and would generally only be granted permanent residency rather than citizenship. The process was far quicker for opposite-sex couples.The decision came in response to a lawsuit filed before the High Court of Justice by the Gay Fathers Association in Israel. 

For more information about The law of Return, please see “Nefesh B'nefesh” website on:
https://www.nbn.org.il/aliyahpedia/government-services/government-benefits-new-immigrants-oleh-chadash/the-law-of-return/ 

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Family life/Children 

Israeli surrogacy law allows opposite-sex couples to sign a surrogacy agreement with a surrogate mother. In July 2018, the Knesset passed a bill expending surrogacy rights to single women, but rejected an amendment that would have included same-sex couples. Prime Minister Netanyahu supported the amendment, but later voted against it due to objections from Orthodox groups. Subsequently, an estimated 100,000 people marched in Tel Aviv in protest. The protests also received support from multiple companies, including Apple, Microsoft, Israir Airlines and many more, and an opinion poll conducted in July 2018 found that 57% of Israelis were in favour of surrogacy for same-sex couples. Despite the passage of the law, several court rulings have protected surrogacy rights for same-sex couples. In February 2020, the Israeli Supreme Court unanimously ruled that same-sex couples should be given access to surrogacy, holding that the current law harms the "right to equality" and gave the state one year to amend the existing legislation. 

FAQ - Relationships: 

Q: If same sex couples can’t get married in Israel due to the Orthodox Rabbincal court and are only given rights if their marriage is recognized elsewhere - how do do same sex couples get divorced? 

A: Same sex couples may file for divorce by filing a case through the court for family matters/family court, and not through the Rabbinical Court of Israel. 

Q: Does the law of return apply also to my partner to whom I am not married to? 

A: No. Your partner must be married to you in order for him/her/they to receive Israeli citizenship automatically. (Considering they are not Jewish)

Q: As long as one of us is Jewish and we have a marriage certificate from a country which recognizes same sex marriage - will we both be given Israeli citizenship according to the Law of Return? 

A: Not Necessarily. Even though the letter from the Minister of Interior Affairs allowing the Law of Return to be relevant to same sex couples where not all are Jewish - many couples have had to go through hardships and beurcaratic challenges inorder to receive full citizenship for both partners, if at all. Some have only been given temporary tourist visas without the ability to work or buy health care. This is due to the bureaucratically challenging system in Israel, which in some parts is still not aware of recent changes in legislation. Some couples have unfortunately found themselves in recent years in an extreme challenge when it comes to proving their right to the Law of Return. Many have had to do this with the help of legal advice.

Q: Can a governmental worker or employee prevent me from changing my marital status? 

A: No.