An East Jerusalem Palestinian couple, both of them Israeli residents, had nine children. The status of the eldest five was arranged at birth and they were registered as permanent Israeli residents like their parents. However, the parents did not receive birth certificates for the four younger children, due to hospital debts. Consequently, the children were not listed in the Israeli population registry. Thereafter, although they lived in East Jerusalem since birth and for nearly twenty years, they remained without Israeli status.
In 2011, having succeeded in
a separate effort, to legalize the status of the eldest of the stateless four, HaMoked applied to the Ministry of Interior to register the remaining three siblings as Israeli residents.
The interior ministry replied that because so many years had passed since their births, their birth records were insufficient to grant them status. Under
the interior ministry's procedures, granting residency status to a person who has not been listed in the population registry until the age of one year is subject to obtaining a declaratory ruling, whereby the court determines the applicant's registration details.
In October 2011, HaMoked
requested a declaratory ruling from the Family Court, explaining that the siblings had not been listed in the population registry in childhood, due to the family's financial difficulties. In April 2012, the Jerusalem District Attorney's Office submitted
a response to the request, in which it requested that aside from the dates and places of birth, the court would determine the biological links between the children and parents, based on genetic testing! This despite the fact that the family has been living together in the same place for two decades, is known to the social services, and the ties between the parents and children are beyond dispute.
In the hearing, held on April 30, 2012, HaMoked asserted that genetic testing was superfluous given the fact that hospital records of birth were available, and also presented additional documents of the National Insurance Institute and the Jerusalem Municipality, proving the family relationship between the children and parents. HaMoked further argued that the tests, costing thousands of ILS, were beyond the financial reach of the disadvantaged family. After the State Attorney's Office persisted that genetic tests are the best way to prove the biological links between the family members, the court instructed the family to seek financial assistance to cover the cost of the testing.
After the conclusion of the hearing, HaMoked inquired with the Jerusalem-District
Legal-Aid Office at the Ministry of Justice – which provides free legal aid to the needy – whether it could assist in covering the costs of testing. On the very next day, the Legal Aid Office replied it was willing to assist the family, provided that the office would handle the process for obtaining a declaratory ruling.
On May 1, 2012, HaMoked transferred the declarative ruling file to the Legal Aid Office for handling. Once the declaratory ruling is obtained, HaMoked will resume its efforts to legalize the status of the siblings.
