Adoption and Jewish Law

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Adoption and Jewish Law

If the Birthmother is Jewish
Hannukah kids
There is always a presumption of legitimacy when the mother is Jewish. If the mother is Jewish and married, we assume that the child was sired by the husband, even when there is only a remote chance of this. If she is not married, we assume that the natural father was not of a category that would make the intercourse incestuous. Only if it is known beyond doubt that the child was conceived through incest should traditionalists consider avoiding the adoption.
If the child's birthfather was a "Kohen" or a "Levi," the child would take that status. If he is a "Yisrael," a Gentile or unknown, the child would be a "Yisrael." The status of the adoptive father as a "Kohen" or "Levi" does not affect the adopted child.
If a son was a first-born of this birthmother, he may need a "pidyon haben." This is true even if the adoptive parents have other children. The requirements of "pidyon haben" are complicated, and related to the status of the birthmother. A rabbi should be consulted.
If the Birthmother is Gentile

If the birthmother is Gentile, the child is Gentile. Similarly, if the birthmother is unknown, we go by the majority of cases. Since the majority of women in the United States are Gentile, the baby is presumed to be Gentile. (In Israel, it is the other way around.) A child's status as a Gentile is not changed simply because a Jewish family adopts the child.
For the child to be considered Jewish, he or she must be formally converted. Such a conversion is an absolute requirement of Jewish law, and dispensing with it can have serious consequences later in life, for the child may reach Bar Mitzvah age, want to marry or join a synagogue, only to be told by a rabbi that he or she is not really Jewish. The ceremony is simple, and should be done as early as possible.
The conversion consists of two parts, circumcision (milah) and immersion (tevilah). If possible, a boy should be circumcised on the eighth day (but not on the Sabbath or on a Festival) with a slight change in blessings. The blessing reads, "Praised are You, Lord our God, King of the Universe, Who has sanctified us with His commandments and commanded us to circumcise proselytes."
If a boy has already been circumcised for medical reasons, a symbolic circumcision must be done. This is called a "hatafat dam brit," (the drop of blood of the covenant). A drop of blood is taken from the side of the penis, a simple and painless procedure. Usually this procedure can be done by a "mohel" right at the "mikvah" immediately preceding immersion.
Immersion is a requirement for both boys and girls. The immersion is done in a "mikvah," or Jewish ritual bath. Usually the immersion takes place as soon as the infant is old enough so that there is no physical danger. Six months is the age preferred by many rabbis. Yet it is permitted any time until "Bar" or "Bat Mitzvah."
The immersion must take place before a "beit din" of three rabbis. The child should be naked and held in such a way that the water touches every part of the body. The child is quickly immersed, and two blessings are recited by the rabbi (or by the child, if old enough). The child is then immersed once more.
(Some rabbis do it twice more.)
The two blessings recited at the mikvah are: "Praised are You, Lord our God, King of the Universe, Who has sanctified us with His commandments and commanded us on the immersion." Praised are You, Lord our God, King of the Universe, Who has kept us alive, sustained us and allowed us to reach this season." Following the immersion and after the child is dressed, he or she is given a Hebrew name and welcomed into the Jewish community with a special prayer.
Bringing an adopted child to the "mikvah" for a conversion is a happy event, worthy of celebration. Many couples invite other members of the family, take pictures, and celebrate with refreshments at home or at a favorite restaurant. As the child grows up, pictures and memories can be shared of the day the child was welcomed into the Jewish community.
An important question still remains. What gives the "Beit din" the right to convert an infant to Judaism without the child's permission or understanding? The Talmud asked the same question.
It answered that one can act to someone's advantage without his permission, and becoming Jewish is to the child's advantage. But there is an important proviso. Upon reaching the age of majority (12 for a girl, 13 for a boy), the child can protest and annul the conversion. He or she has a right to say, "I don't wish to be a Jew, and I consider the conversion invalid." On the other hand, acts of Jewish identity at the age of majority serve to reaffirm the conversion.
For this reason, "Bar" or "Bat Mitzvah" takes on a particular importance to an adopted and converted child. It serves as a reaffirmation of the conversion done years before. It completes the process of conversion. Circumcision and immersion can be done to infants; acceptance of the "mitzvot" can only be done upon reaching the age of majority. The validity of the entire conversion is contingent upon assuring a positive Jewish identity upon reach "Bar/Bat Mitzvah."
Relation Between Adopted Children and Their Adoptive Parents
Jewish children
Adoption creates an artificial relationship between parents and children not related by blood. Yet for purposes of Jewish law, the relationship is the same as one between biological parents and children.
When using a Hebrew name, the adoptive parents' Hebrew names can be used. Therefore, a boy adopted and converted can be called "(child's name) "ben" (adopted father's name)" not "(child's name) ben Avraham Avinu," like other converts. This is based on the Talmudic maxim that the one who raises the child has the right to be called the parent. The adoptive parent's Hebrew name can be used even in legal documents such as a "ketubah" or "get."
The adoptive parents have full responsibility for the child. The adoptive father recites the required blessing as a "brit," and arranges a "pidyon haben" where required. The adoptive parents also are responsible for the child's education, including the Jewish education.
A child tears "kri'ya," sits "shiva" and says "Kaddish" for an adoptive parent just as for a natural parent.
As for marriage, Jewish law forbids marriage to one's natural relations. If the child's biological relations are known, the child would be forbidden to marry them. In most cases, such relatives are unknown, and we do not concern ourselves with the unlikely chance that such a marriage might accidentally take place. Theoretically there is no prohibition to marriage between adopted siblings. In fact, one such case is described in the Talmud. However, most authorities would forbid such a marriage because of unseemliness.
There is much concern in Jewish legal literature as to the parent's obligation towards an adopted child regarding inheritance. Today we follow the law of the land in these matters.
Additional Bibliography

Belitsky, Helen Mintz. "A Special Ingathering." HADASSAH MAGAZINE, August/September 1993, pages 40-41.
Eisenstadt, Merrie M. "Desperately Seeking to Build a Family, Jewish Couples Confront the Trauma of Infertility." WASHINGTON JEWISH WEEK, September 16, 1993, pages 31-33.
Gold, Rabbi Michael. "Adoption and the Jewish Couple." UNITED SYNAGOGUE OF AMERICA, COMMISSION ON JEWISH EDUCATION, New York, from the Jewish Parenting Series, 1987.
Klein, Rabbi Issac. "Guide to Jewish Religious Practice." New York: Jewish Theological Seminary, 1979.
Return to Articles & Books on Jewish Adoption
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Update your contact information! Contact Us How to Help Us		Adoption and Jewish Law If the Birthmother is Jewish There is always a presumption of legitimacy when the mother is Jewish. If the mother is Jewish and married, we assume that the child was sired by the husband, even when there is only a remote chance of this. If she is not married, we assume that the natural father was not of a category that would make the intercourse incestuous. Only if it is known beyond doubt that the child was conceived through incest should traditionalists consider avoiding the adoption. If the child's birthfather was a "Kohen" or a "Levi," the child would take that status. If he is a "Yisrael," a Gentile or unknown, the child would be a "Yisrael." The status of the adoptive father as a "Kohen" or "Levi" does not affect the adopted child. If a son was a first-born of this birthmother, he may need a "pidyon haben." This is true even if the adoptive parents have other children. The requirements of "pidyon haben" are complicated, and related to the status of the birthmother. A rabbi should be consulted. If the Birthmother is Gentile If the birthmother is Gentile, the child is Gentile. Similarly, if the birthmother is unknown, we go by the majority of cases. Since the majority of women in the United States are Gentile, the baby is presumed to be Gentile. (In Israel, it is the other way around.) A child's status as a Gentile is not changed simply because a Jewish family adopts the child. For the child to be considered Jewish, he or she must be formally converted. Such a conversion is an absolute requirement of Jewish law, and dispensing with it can have serious consequences later in life, for the child may reach Bar Mitzvah age, want to marry or join a synagogue, only to be told by a rabbi that he or she is not really Jewish. The ceremony is simple, and should be done as early as possible. The conversion consists of two parts, circumcision (milah) and immersion (tevilah). If possible, a boy should be circumcised on the eighth day (but not on the Sabbath or on a Festival) with a slight change in blessings. The blessing reads, "Praised are You, Lord our God, King of the Universe, Who has sanctified us with His commandments and commanded us to circumcise proselytes." If a boy has already been circumcised for medical reasons, a symbolic circumcision must be done. This is called a "hatafat dam brit," (the drop of blood of the covenant). A drop of blood is taken from the side of the penis, a simple and painless procedure. Usually this procedure can be done by a "mohel" right at the "mikvah" immediately preceding immersion. Immersion is a requirement for both boys and girls. The immersion is done in a "mikvah," or Jewish ritual bath. Usually the immersion takes place as soon as the infant is old enough so that there is no physical danger. Six months is the age preferred by many rabbis. Yet it is permitted any time until "Bar" or "Bat Mitzvah." The immersion must take place before a "beit din" of three rabbis. The child should be naked and held in such a way that the water touches every part of the body. The child is quickly immersed, and two blessings are recited by the rabbi (or by the child, if old enough). The child is then immersed once more. (Some rabbis do it twice more.) The two blessings recited at the mikvah are: "Praised are You, Lord our God, King of the Universe, Who has sanctified us with His commandments and commanded us on the immersion." Praised are You, Lord our God, King of the Universe, Who has kept us alive, sustained us and allowed us to reach this season." Following the immersion and after the child is dressed, he or she is given a Hebrew name and welcomed into the Jewish community with a special prayer. Bringing an adopted child to the "mikvah" for a conversion is a happy event, worthy of celebration. Many couples invite other members of the family, take pictures, and celebrate with refreshments at home or at a favorite restaurant. As the child grows up, pictures and memories can be shared of the day the child was welcomed into the Jewish community. An important question still remains. What gives the "Beit din" the right to convert an infant to Judaism without the child's permission or understanding? The Talmud asked the same question. It answered that one can act to someone's advantage without his permission, and becoming Jewish is to the child's advantage. But there is an important proviso. Upon reaching the age of majority (12 for a girl, 13 for a boy), the child can protest and annul the conversion. He or she has a right to say, "I don't wish to be a Jew, and I consider the conversion invalid." On the other hand, acts of Jewish identity at the age of majority serve to reaffirm the conversion. For this reason, "Bar" or "Bat Mitzvah" takes on a particular importance to an adopted and converted child. It serves as a reaffirmation of the conversion done years before. It completes the process of conversion. Circumcision and immersion can be done to infants; acceptance of the "mitzvot" can only be done upon reaching the age of majority. The validity of the entire conversion is contingent upon assuring a positive Jewish identity upon reach "Bar/Bat Mitzvah." Relation Between Adopted Children and Their Adoptive Parents Adoption creates an artificial relationship between parents and children not related by blood. Yet for purposes of Jewish law, the relationship is the same as one between biological parents and children. When using a Hebrew name, the adoptive parents' Hebrew names can be used. Therefore, a boy adopted and converted can be called "(child's name) "ben" (adopted father's name)" not "(child's name) ben Avraham Avinu," like other converts. This is based on the Talmudic maxim that the one who raises the child has the right to be called the parent. The adoptive parent's Hebrew name can be used even in legal documents such as a "ketubah" or "get." The adoptive parents have full responsibility for the child. The adoptive father recites the required blessing as a "brit," and arranges a "pidyon haben" where required. The adoptive parents also are responsible for the child's education, including the Jewish education. A child tears "kri'ya," sits "shiva" and says "Kaddish" for an adoptive parent just as for a natural parent. As for marriage, Jewish law forbids marriage to one's natural relations. If the child's biological relations are known, the child would be forbidden to marry them. In most cases, such relatives are unknown, and we do not concern ourselves with the unlikely chance that such a marriage might accidentally take place. Theoretically there is no prohibition to marriage between adopted siblings. In fact, one such case is described in the Talmud. However, most authorities would forbid such a marriage because of unseemliness. There is much concern in Jewish legal literature as to the parent's obligation towards an adopted child regarding inheritance. Today we follow the law of the land in these matters. Additional Bibliography Belitsky, Helen Mintz. "A Special Ingathering." HADASSAH MAGAZINE, August/September 1993, pages 40-41. Eisenstadt, Merrie M. "Desperately Seeking to Build a Family, Jewish Couples Confront the Trauma of Infertility." WASHINGTON JEWISH WEEK, September 16, 1993, pages 31-33. Gold, Rabbi Michael. "Adoption and the Jewish Couple." UNITED SYNAGOGUE OF AMERICA, COMMISSION ON JEWISH EDUCATION, New York, from the Jewish Parenting Series, 1987. Klein, Rabbi Issac. "Guide to Jewish Religious Practice." New York: Jewish Theological Seminary, 1979. Return to Articles & Books on Jewish Adoption Return to Stars of David Home Page


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