Stranded Gay Father to Return to Israel With Twins This Week

Dan Goldberg had been refused entry into Israel for 2 months, awaiting court permission to proceed with a paternity test.

A gay father who had been stranded in India for two months due to the Interior Ministry's refusal to administer a paternity test will be allowed to return to Israel this Friday, Channel 10 reported on Tuesday.

For the past two months, Dan Goldberg and his twin sons Itai and Liron – who were born to a surrogate mother in India - have been staying at a Mumbai hotel, awaiting permission from the Jerusalem Family Court to proceed with a paternity test that would determine whether he is indeed their biological father.

According to the Channel 10 report Tuesday, the infants' paternity test had arrived at Sheba Medical Center near Tel Aviv, with authorities deciding to allow Goldberg and the two babies to enter Israel even before knowing the tests' result.

Last week, Prime Minister Benjamin Netanyahu said that he had discussed the issue with the "Interior Ministry and instructed it to relax the law and let the family return to Israel."

Also last week, the Jerusalem District Attorney's Office said there was no reason to prevent Goldberg from taking a paternity test. Goldberg has been prevented from taking the test by Judge Philip Marcus, who stated that he lacked the jurisdiction to issue a court order for Goldberg to take the test.

In addition to the Goldberg case, Marcus has also delayed issuing decrees in two other instances involving homosexual couples from Jerusalem expecting the birth of their children via surrogacy.

In explaining his decision, and as appears in the state protocol, Marcus stated: "If it turns out that one of the [purported fathers] sitting here is a pedophile or serial killer, these are things that the state must examine."

In dozens of prior instances, family courts have issued decrees requiring Israeli parents of children born abroad to undergo DNA testing to confirm they are in fact the biological parents - a prerequisite for the childrens' naturalization as Israeli citizens.

In Goldberg's case, the twin boys were delivered by a gestational carrier who had been implanted with an embryo from another woman.

"This is a state of contradictions," Goldberg, a 42-year-old Jerusalem restaurateur, said via telephone in Mumbai. "I'm an Israeli citizen, I served in a combat unit during two intifadas and I still serve in the reserves. I've also volunteered with the police for years. But when I want to realize my right to be a parent, the state kicks me to the curb.