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Registering an Israeli citizen born abroad

Joshua Pex
Joshua Pex

As an Israeli citizen parent, how do you register a child born abroad as an Israeli citizen as well? Where to register, how, and what is the difference between registering a baby and registering an older child? In this article we will try to answer these questions and others about registering Israeli citizens born abroad.

Registering Israeli citizens born abroad

Registering a child born abroad

According to clause 4 of the Citizenship Law, 1952, an Israeli citizen by birth is:

  • Someone who was born in Israel and at least on of their parents are Israeli citizens.
  • Someone who was born outside of Israel while at least one of their parents were Israeli citizens – by virtue of the Law of Return, settling in Israel, naturalization, or adoption.

Israeli citizens residing abroad can register a child born there at one of the Israeli consulates/embassies around the world under the following conditions:

  • The personal status of the child’s parents must be updated in the Israeli population registry (married, divorced or widowed).
  • The child’s parents must report the birth within 30 days and carry out the registration procedure.
  • If the child is aged 16.4 or older and is not yet registered, an application must be filled out for arranging military status (form 7202, titled “Registration form/Application to defer military service for Israeli citizens residing abroad”).
  • For someone aged 28 or older who is not yet registered, the status is different: registration through the Israeli consulate/embassy is done only for the purpose of aliyah (immigration) to Israel, and in accordance with the aliyah process, carried out in coordination with the Jewish Agency or the ‘Nefesh B’nefesh’ organization.
  • If the child is over 30 days old but has not yet reached the age of 28, it is still possible to register them in the consulate/embassy, after submitting the documents required by the law, which will be verified by the consul when presented to him or her.

Proof that the child’s parents are indeed Israeli citizens

In a case where only the mother is an Israeli citizen, it is required to prove that the mother registered on the birth certificate is indeed the birth mother – meaning: proof of having given birth in addition to the existing birth certificate (confirmation of the birth from the hospital, documents recording admittance or release from the hospital).

In a case where only the father is an Israeli citizen, it is required to submit proof that the mother written on the birth certificate is indeed the birth mother, as well as submitting the birth certificate and evidence of the relationship between the father and the mother before she became pregnant.

If the evidence is insufficient, the Population and Immigration Authority can demand a court ruling from an authorized court in Israel, which determines paternity or maternity as needed. In these cases, there is usually a need for a paternity test  – an issue that requires the assistance of an Israeli attorney who specializes in the fields of immigration law and family law. This is also the case if the child did not register as a citizen before the age of 28.

Paternity test

A paternity test is a non-invasive DNA test, which is performed according to an order from a family court. A sample from the mucus lining the inside of the cheek is taken from the subject, and this sample is analyzed for the DNA test. Most DNA tests for proving Israeli citizenship are “three-way” – the samples are taken from the child and both the parents.

According to the Genetic Information Law, 2000, a court order for a DNA test may be issued under the following conditions:

  1. The family court issued an order, as mentioned above.
  2. The subject (in the case of an adult) consented to performing the test.

Only after a court order is issued, presented to the laboratory, and verified as legal, the subjects may be summoned to a test and it may be carried out. According to the instructions of the Genetic Information Law, the test results will not be provided to the subjects, their attorneys or any other person on their behalf, but only to the family court.

In Israel there are laboratories licensed by the Ministry of Health to perform paternity and family relation tests. If the process requires the testing of a non-living person, it is possible to use a biological sample from the deceased, which was taken in a medical institution or under other circumstances. In exceptional cases, a request must be filed with the court for an order to open a grave for the purpose of taking a sample.

Method of administering the test

A sample is taken from each of the subjects, and in this way genetic markers are tested in (at least) 15 independent chromosomal sites (STR). The information from these tests can determine whether the subjects have a familial relation or not.

It is important to note that half of the genetic characteristics of every person are derived from the biological mother, and half of them are derived from the biological father. Therefore, if a subject is found to have genetic markers that do not exist in the person who is claimed to be his or her biological parent, the conclusion is that the subjects are not parent and child. If all the genetic markers found in a person were also found to exist in the person who is claimed to be his or her biological parent, the conclusion is that there is a high probability that they are parent and child.

If a match like this is found in the test results, it is considered by the court to be “near absolute” evidence that there is a familial relation between the subjects. In other words, if a court ruling is required to determine that the person aged 28 or older is indeed the child of the father or mother requesting his or her registration, the test will be administered in accordance with the court order, and if a match will be found in the test results, as described, this will be excellent evidence for proving the required family relation.

Due to the complexity of the issue, and the sensitivity of performing the DNA test, which is done in Israel, it is necessary to seek assistance from an Israeli attorney who has experience in family and immigration law, including paternity claims.

Our office is a leading firm in Israel on issues of family and immigration, including aid regarding registering Israeli citizens born abroad. Our attorneys will be glad to be at your service and accompany you through the process.

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