Determining Paternity to Prove Israeli Citizenship: The Legal Issues

Attorney Anat Levi, who specializes in family and immigration law and has filed numerous paternity lawsuits over the years, explains what does the legal process entail, what are its possible difficulties, and shares winning tips for successfully navigating paternity cases.

Firstly, she notes that the process of proving paternity via a tissue sample not only determines the identity of the father, but also has many legal implications that will affect the legal status of the father, his obligations, and his rights. Moreover, the DNA test can also determine the child's citizenship if the mother is a foreigner and the father is an Israeli. In such a case, a positive result of the test may lead to the child being considered a citizen from birth and eligible to receive an Israeli identity card.

Additionally, Attorney Levi clarifies that lawyers filing legal proceedings regarding paternity must have both professional expertise when dealing with the family court as well as humane empathy, integrity, and unwavering reliability. This is due to the inherent sensitivity of procedures that touch on the most delicate nerves between couples and the child's right to know who their father is, including obtaining the status of an Israeli citizen.

When do you file a paternity suit?
"The demand for a paternity test can come from fathers who wish to be involved in their children's lives despite doubt regarding their paternity. This demand can also come from mothers seeking child support while the identity of the father is unclear, when the father tries to evade his responsibilities," explains Attorney Anat Levi.

Moreover, a paternity suit can be filed in response to a requirement from the Ministry of the Interior, especially when the mother is a foreign citizen, and officials refuse to register the baby as an Israeli citizen until conclusive evidence of the father's paternity is provided. Such paternity requests are usually submitted with the consent of both parents, although a paternity lawsuit can be filed by only one parent despite the other parent's objection.

"After the result of the DNA test, which can now be carried out during the pregnancy, due to technological advancements, is received, a declaratory judgment regarding paternity is issued by the Family Court. It should be noted that there are unique cases where the Family Court may recognize paternity without a tissue test, although these are very rare and require clear supporting evidence and exceptional circumstances that prevent the paternity test from being conducted," says Attorney Levi.

Why does the Ministry of the Interior require a paternity test?
"The Citizenship Law stipulates that anyone born to an Israeli father or mother is an Israeli citizen from birth. The decision to grant Israeli citizenship to a child becomes straightforward when the mother is Israeli. In cases where the mother is a foreign citizen and the father is Israeli, the Ministry of Interior may refuse to recognize the paternity, and require the parents to apply to the family court for a DNA test. For example, this can happen if the child's birth was not registered with Israeli authorities within 30 days as required by law, and the delay raises suspicion about the father's identity. Other instances include couples who are in the process of arranging the status of a foreign partner in Israel, when the parents are not married, or when they cannot provide proof of their relationship. Often, the requirement for a paternity test comes from representatives of the Israeli consulate abroad when an Israeli father and a foreign mother seek to register a child born outside of Israel."

Attorney Levi adds that "whenever there is a demand for a paternity test to register the newborn as an Israeli citizen, the process necessitates opening a case in the Family Court. The paternity proof claim in Israel becomes more significant due to issues related to Jewish identity and possibility of leaving the child with a Mamzer status, issues which must be refuted at the outset of the process. For instance, when the mother is a non-Jewish foreigner and the father is Israeli, the issue of Mamzerut does not arise. Thus, the mother is required to sign an affidavit and provide evidence that she is not Jewish. "

The paternity request should be accompanied by the child's birth certificate, identifying documents of all involved parties, affidavits from the applicants, and the payment of a legal fee.

Where is the paternity test conducted?
"The test can only be conducted at four authorized Israeli laboratories; the Rambam Hospital in Haifa, Rabin Medical Center in Petah Tikva, Sheba Medical Center in Tel Hashomer, and Hadassah Ein Kerem in Jerusalem, using blood or saliva samples. The DNA test can be administered for family members who are abroad by scheduling an appointment at the nearest Israeli consulate. The test requires the prior approval of the family court, and it is advisable to seek the assistance of a law firm specializing in this field for this legal procedure."

What is a declaratory judgment regarding paternity and registering a newborn as an Israeli citizen?
"This is a process that spans over several months, depending on the urgency of the case and the laboratory to which the test was sent. If the test results are positive, the court will issue a declaratory judgment stating that the tested individual is the child of an Israeli citizen."

"After receiving the judgment, one can approach the Ministry of the Interior or the Israeli consulate to register the child as an Israeli citizen and obtain an Israeli identity card."

DNA test in Israel with the assistance of an experienced law firm

If one of the parents has passed away or is otherwise not available to submit a DNA sample, the court has ruled that the test can be done using a relative's tissue sample to prove the familial relationship. For example, the Decker, Pex, Levi Law Firm handled a case where a minor, whose mother had died, sought to immigrate to Israel under the Law of Return. The mother's death precluded a direct paternity test, and the court ordered a sample be taken from the minor's aunt, the mother's sister. This "mitochondrial" test proved a blood relationship between the aunt and the child.

This significant and precedent-setting ruling opens the door for further tests in cases of relatives in the future, where it is impossible to use a parent's tissue sample.

Attorney Anat Levi's recommendations for the paternity suit process
"In cases where both parents agree on the paternity proof, it is generally not a legally complicated process, but it is still important to work systematically and understand the procedure thoroughly," says Attorney Anat Levi from the Decker, Pex, Levi Law Firm, which specializes in family law, immigration to Israel, proof of eligibility for Aliyah, and eligibility for Israeli citizenship. "However, it does take time, at least a few months, to receive the declaratory judgment, due to the need for precise documents, notaries, apostilles, and copies of paperwork. We handle dozens of cases a year and know how to submit applications in compliance with the exact standards of the Israeli authorities. Our lawyers stay updated with the latest innovations in the field, and participate in groundbreaking rulings."

In conclusion, Attorney Levi says that "a paternity suit conducted with the parents' consent for registering the newborn as an Israeli citizen is not legally difficult, but it requires the assistance of an experienced lawyer to handle the proper proceedings with the Family Court. In more complicated cases, such as where there is no parental agreement, our unequivocal recommendation is to consult a family law expert."

For more information, visit Attorney Anat Levi's website, specializing in family law and immigration.

Attorney Anat Levi's website >>

In collaboration with Decker, Pex, Levi - Immigration Lawyers