The compulsory adoption of children of parents with disabilities in Israel: An analysis

Abstract

The article examines perceptions of the parental capacity of people with disabilities in Israel. Critical content analysis of court rulings involving the compulsory adoption of children of parents with disabilities allows us to discern the perceptions of judges and professionals. We analyzed decisions from all court levels during 1960–2017. Findings highlight a wide range of perceptions of parents with disabilities, including concerns about their ability to ensure their children's physical and mental well-being. Adoption is a means to erase the genealogy of disabilities. Judges and professionals are not always aware that parents with disabilities lack resources, parental support and care services, but sometimes criticize the welfare system, suggesting that severance of the parent-child relationship could be avoided with appropriate support. A more inclusive legal framework that acknowledges and supports the parental capabilities of individuals with disabilities is needed. By critically examining judicial narratives, the article contributes to ongoing discussions on disability rights, family law, and intersectional discrimination in child welfare decisions.