Gender Aspects Concerning Child Adoption Processes in Israel

Adoption of children without parental consent, due to the lack of "parental capacity"1, is a governmental practice that enables intervention in the family unit for the purpose of child protection in cases where their parents cannot function properly.2 Adoption laws enable the welfare authorities to file a claim asking the court to declare one of the parents or both to be incapable for raising their child and to terminate the natural and legal relations between the child and their parents.

The common assumption is that forced adoption of children takes place in circumstances of complete child neglect, severe violence by the parents, and extreme maltreatment situations only. In these situations the welfare authorities intervene in the family unit, remove the children from home and place them in out-of-home arrangements.3 From that moment, any contact between the child and his family depends on the willingness of the welfare authorities and courts. The decision whether the child is declared for adoption depends on the Judges’ interpretation of “The child best interest” principle and the causes and circumstances of neglect.
The court hearing and the judicial decisions are based on the recommendations of professionals in psychology and psychiatry. They provide their interpretation of the principle of “the best interests of the child” and the “parents’ capacity”.4

The research paradigms are qualitative and quantitative. Court rulings are analyzed narratively to sort out how main cultural and gender categories are being structured and reflected in it.