Paternity and other biological family relationships may have significant consequences under Israeli family, immigration and citizenship law. In many circumstances, a privately arranged DNA test may not be sufficient for official use. A court order, an approved laboratory and a controlled identification process may be required.
This page provides general information about the possible legal route in Israel. The appropriate procedure depends on the identities and locations of the parties, the purpose of the test, the child’s circumstances and the authority before which the result may be presented.
When may a paternity or relationship test be required?
A DNA test may be relevant when a parent-child relationship must be established for registration, legal status, citizenship, immigration, family proceedings or another official purpose. It may also arise when a foreign authority asks for evidence of a biological relationship involving a person in Israel.
The existence of a biological relationship does not necessarily determine every legal question. Parentage, custody, status and citizenship may each be governed by separate legal rules and may require additional evidence or proceedings.
Why a private DNA test may not be enough
For official proceedings, the authorities may require a process that establishes the identity of every person tested, preserves the chain of custody and uses a laboratory acceptable for the relevant purpose. A home test or privately collected sample may perhaps provide personal information, but it may not be accepted as legal evidence.
In Israel, genetic testing for family relationships is generally conducted pursuant to an order of the competent court. The court may consider the requested purpose, the position of the relevant state authorities, the welfare of a minor and possible legal or personal consequences before deciding whether and how the test should proceed.
The court application
The correct court and form of application depend on the facts. The application may need to identify the parties, explain why the determination is required and attach civil-status, immigration or citizenship records. The Attorney General or another state representative may be asked to present a position in appropriate cases.
Where a child is involved, the court will generally consider the child’s interests. Sensitive issues may arise, including identity, family status or consequences under personal-status law. For that reason, no particular result or timetable can be assumed in advance.
Testing when a party is outside Israel
If a parent or child is abroad, coordination may be required with an Israeli consular mission, a foreign laboratory or another body specified in the court order. Identification, sample collection, sealing and delivery must follow the approved procedure. The route may differ from country to country and may take longer than a test conducted entirely in Israel.
DNA evidence in immigration and citizenship matters
A relationship test may form part of a request involving status in Israel, family reunification, registration or citizenship. It does not automatically establish eligibility. The Population and Immigration Authority, another competent authority or the court may also examine civil records, the history of the family relationship, declarations and other supporting evidence.
It is usually preferable to examine the legal objective before arranging any test. This may prevent expenditure on a test that cannot be used or that does not answer the authority’s actual question. You may also review our general information about immigration to Israel.
Documents useful for an initial review
- Passports and identity documents of the relevant persons;
- Birth, marriage, divorce or civil-status certificates;
- Correspondence or decisions from the Population and Immigration Authority, a consulate or another authority;
- Documents showing the claimed family relationship;
- Information about where each person currently lives;
- Any existing court file, judgment or order concerning the family.
How the process may proceed
- Review the legal purpose and the documents already available.
- Identify the appropriate court or administrative route.
- Prepare and file the necessary application and supporting material.
- Address requests or positions submitted by the relevant authorities.
- If an order is made, coordinate testing in accordance with its terms.
- Present the result to the court or authority for the relevant legal purpose.
Legal assistance
Early review may help distinguish between a case that requires genetic testing and one that may be resolved through civil records or another form of evidence. Our office may assist with assessing the route, preparing the application and coordinating the Israeli legal process, subject to the facts of the individual matter.
To discuss the matter with Alex Brosh, contact our office for an initial review. State the purpose of establishing the relationship, the countries where the participants live and whether a court case or a request from a public authority already exists.
Important disclaimer: This page is general information only and does not constitute legal advice. Procedures, evidentiary requirements and the competent authority may vary according to the circumstances and may change. No result, court order, status decision or processing time can be guaranteed. Individual legal advice should be obtained before taking action.