Children of Converts to Judaism and the Right to Legal Status in Israel
Are children of converts to Judaism eligible to Israeli legal status as citizens? In general, the Law of Return stipulates that Jews and their children who were born after the parents converted to Judaism are eligible for Aliyah to Israel under the Law of Return. However, legal difficulties may arise in this context, such as the need to prove that the parents’ conversion was genuine. For children who were born before their parents converted, the law does not grant automatic eligibility, but, in certain cases, they may request Israeli legal status (permanent residency or even citizenship) from the Minister of Interior. In this article, advocate Joshua Pex, a partner of our firm who specializes in immigration to Israel, explains about the topic.
What Does the Law Have to Say About Children of Jewish Converts?
Jews who are foreign citizens and wish to make Aliyah to Israel may be eligible under the Law of Return and the Citizenship Law. This eligibility may also apply to those who were born into a different religion but who later underwent state sponsored conversion or some other Giyur that is recognized in Israel. Despite the many bureaucratic obstacles that may arise in such cases, the law technically grants this eligibility, subject to the conditions that it stipulates. The question is, what about the children of Jewish converts? The Law of Return grants the children of Jews eligibility to immigrate to Israel, except in cases where the children were born as Jews and willingly converted to another religion. A similar rule may apply to the children of Jewish converts, as well, but there is a big difference in the Israeli policy between children who were born after their parents’ conversion and those who were born before the conversion (no matter whether the children are minors). Below we explain about the subject in detail and discuss these differences.
Are Children Who Were Born to Jewish Converts After the Parents Converted Eligible for Israeli Citizenship?
The main distinction that must be considered in this area is when the converts’ children were born. Children who were born after the conversion of their parents and who meet the other conditions of the law, even if they are not considered to be Jewish according to the traditional Jewish law (Halakha)—for example, even if their mother is a non-Jew—will probably be considered eligible for Aliyah and Israeli citizenship. This is the case, no matter whether the children are minors when applying. However, various difficulties may still arise in this context. For example, if only the children wish to naturalize and their parents are not Israeli citizens, the Israeli Ministry of Interior may require proof that the parents are Jews.
Proving that someone is Jewish may be difficult, since the Ministry of Interior will usually demand more than just simple evidence such as a birth certificate. The Ministry may also require proof of the family connection between the parents and children and even DNA testing to prove this connection. This may raise difficulties, especially if the parents are no longer alive. In such cases it may be possible to overcome this problem by DNA testing vs. other family members. Alternatively, it may be possible to find other evidence that will prove the family connection and eligibility for Aliyah and citizenship under the Law of Return. Other difficult cases are cases in which the children are still minors and are not under the legal guardianship of the converted parent. This may be considered problematic by the Israeli authorities, and the approval of the other parent will usually be required before entering the naturalization process, in accordance with the regulations of the Ministry of Interior on the matter.
Are Children Who Were Born to Jewish Converts Before the Parents’ Conversion Eligible for Israeli Legal Status? If So, in Which Cases?
In contrast to children whose parents were already Jewish at the time of the children’s birth, the formal Israeli policy today is not to recognize automatic eligibility for Aliyah under the Law of Return of children whose parents were not Jewish at the time of the children’s birth (except in the case of grandchildren of Jews). An opinion that was issued by the Attorney General in 2001 states that anyone who was not Jewish at the time of the birth of their children may not bring their children with them to Israel, since the children are not considered Jewish according to the interpretation of the Law of Return. The Supreme Court issued a series of rulings in accordance with this opinion. Although these rulings deal mainly with the eligibility of family members of Ethiopian immigrants to legal status based on conversion to Judaism, they apply to other issues, as well.
Despite this legal situation, there are still other alternatives that allow for the acquisition of Israeli legal status in such cases. For example, the children of Jewish converts may themselves undergo a recognized conversion procedure and then apply for citizenship. Besides this option, there are other paths, as well, such as arranging the legal status of minor foreign citizens who are under the legal guardianship of Israeli citizens. Thus, for example, the Israeli legal status of minor children may be arranged based on the right for family reunification when the parents make Aliyah to Israel and become Israeli citizens themselves. There may even be cases in which a connection to Israel may be proved, which will allow the arrangement of Israeli legal status for non-minors, as well, whose parents converted to Judaism after the birth of the children. Consult with a lawyer who specializes in immigration to Israel to understand what your legal options are in specific cases.
Children of Jewish Converts and the Right to Israeli Legal Status—Contact a Lawyer Who Specializes in Immigration to Israel
In this article we have explained about the legal situation and the potential obstacles to arranging Israeli legal status for children of Jewish converts. For any question you may have on the matter or any assistance you may need, you are welcome to contact us and we will be happy to help. Our law firm, which has branches in Jerusalem and Tel Aviv, specializes in immigration to Israel. Our lawyers have extensive experience in representing clients in the process of arranging their Israeli legal status vis-à-vis the Israeli Ministry of Interior and all the relevant authorities and courts.
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