The Law of Return does not explicitly note the possibility of Aliyah for an adopted child, but at the same time, the Law of Return says that the son and grandson of a Jew are entitled to make aliyah to Israel. An officially adopted child is equal to a biological child under the laws of most countries, so in the context of the Law of Return, if a child was adopted by a Jewish family, he or she acquires the same rights as the biological children of that family, including the right to make Aliyah.
It should be noted that a child whose biological parents are Jewish is also entitled to re make Aliyah to Israel, even if the adoptive parents are not Jewish.
Thus, if the child’s biological parents are Jewish, this child is also entitled to make Aliyah to Israel, regardless of the religious or ethnic affiliation of their adoptive parents.
The main reason why adopted children are eligible for Aliyah is the state’s desire to maintain Jewish identity and provide a secure and stable future for the Jewish people.
In both cases, the process of Aliyah of an adopted child will not be as simple as in the case of a child who was not adopted. The right to make Aliyah of an adopted child to Israel depends on several factors, including the child’s religious affiliation and the conditions of the adoption. Here are the main aspects to take into account:
- In order for an adopted child to apply for Aliyah, the documentation shall be provided to prove the legality of the adoption in the country of origin. This may include the adoption certificate, court decisions and other relevant documents.
- The age of a child can affect the Aliyah process. If a child over 18 years old applies for Aliyah on the basis of adoption, the adoption shall have taken place before the child turned 18. If the legal adoptive parents or biological parents are Jewish and are eligible for Aliyah, their adopted child is also eligible, even after the age of 18.
In conclusion, every Aliyah case involving adoption is unique. If you are considering applying for Aliya with an adopted child, it is recommended that you consult with an immigration lawyer before you move forward, to prevent years of legal procedures.
The right for Aliyah of a child who has not undergone the formal adoption process
If a child has not been formally adopted but is being raised by a parent eligible for Aliyah, it may be necessary to provide evidence of a long and continuous relationship between the child and the parent, such as: psychologists’ reports from the child’s school, testimonies from close relatives, etc.
In the case of de facto adoption, as opposed to formal adoption, a child may obtain Israeli residency only up to the age of 18 and only with a parent who is eligible for Aliyah.
When it comes to Aliyah of a child who has undergone a formal or de facto adoption process, it is advisable to seek the assistance of a lawyer experienced in immigration matters.
