Quick Answer: Israel does not perform same-sex marriages on its own soil — because it does not perform civil marriages at all. However, a same-sex marriage legally completed abroad is recognized and must be registered in Israel's Population Registry, granting the couple the same legal standing as any married couple under Israeli law. Unmarried same-sex partners who live together in Israel also benefit from substantial rights as a cohabiting couple.

For LGBTQ foreign nationals with ties to Israel — whether they are making Aliyah, buying property together, managing an inheritance, or simply building their lives in the country — the legal status of their relationship matters enormously. It affects residency rights, inheritance, joint taxation, social security, and what happens if one partner dies or the relationship ends.

Israel's position is unusual and often misunderstood. It is widely regarded as the most LGBTQ-inclusive country in the Middle East, with strong anti-discrimination laws, open military service, and an active LGBTQ culture, particularly in Tel Aviv. Yet it does not perform same-sex marriages. The explanation lies not in hostility but in how Israeli marriage law was designed — and understanding that design is the first step to knowing where your rights actually stand.

1. Israel's Marriage System — Why There Is No Civil Marriage

Israel has no civil marriage. Full stop. This surprises many foreigners, who assume the absence of same-sex marriage reflects a specific legal prohibition against it. In fact, all marriages in Israel are performed by religious authorities, and those authorities only marry their own members on their own terms.

The system is established by the Rabbinical Courts Jurisdiction (Marriage and Divorce) Law 5713-1953, which grants the Jewish Rabbinate exclusive authority over marriage and divorce for Jewish citizens, and by parallel legislation for Muslim, Druze, and recognized Christian communities. Each religious authority applies its own religious law:

  • The Chief Rabbinate performs Jewish marriages under halacha (Jewish religious law), which requires both parties to be Jewish under its definition and prohibits certain unions.
  • The Muslim qadi courts govern Muslim marriages under Islamic law.
  • Various Christian ecclesiastical courts handle marriages within their denominations.

None of these authorities performs same-sex ceremonies. But the same system also excludes interfaith couples, Jewish people who cannot prove their Jewish status to the Rabbinate's satisfaction, and those with certain prior divorces. Many Israeli couples — including many opposite-sex couples — travel to Cyprus, Prague, or the Czech Republic to obtain a civil marriage abroad, which Israel then recognizes without question.

The practical result: Israel's non-recognition of same-sex marriage domestically is a structural feature of its marriage law, not a targeted prohibition. The legal pathway for same-sex couples is the same as for other couples who cannot marry in Israel — marry abroad, then register.

2. Does Israel Recognize Foreign Same-Sex Marriages?

Yes — and this recognition is backed by the Israeli Supreme Court. In a landmark 2006 ruling, HCJ 3045/05 Ben-Ari v. Director of Population Administration, the Supreme Court held that the Interior Ministry was obligated to register same-sex couples who had married in a country where such marriages are lawful. The Court found that a valid foreign marriage — same-sex or otherwise — must be recorded in Israel's Population Registry just as any other foreign marriage would be.

This ruling has significant practical meaning:

  • Same-sex couples who married in the United States, Canada, the United Kingdom, Germany, France, the Netherlands, South Africa, or any other jurisdiction that permits same-sex marriage can register that marriage in Israel.
  • Once registered, the couple appears as "married" in the Population Registry (*Misrad HaPnim*), the central database that drives Israeli civil rights and benefits.
  • The Population Registry does not reassess whether the marriage was valid under Israeli religious law — it simply records the legal fact that a marriage took place abroad under that country's law.

The distinction between recognition and full rights is worth noting. Registration is the gateway to most legal protections, but some rights require additional applications. Family reunification for a foreign national spouse, for example, requires a separate application through the Population and Immigration Authority's graduated residency process. Registration alone does not automatically confer citizenship or residency on a non-Israeli spouse.

3. How to Register a Foreign Same-Sex Marriage in Israel

Registration is handled by the Population and Immigration Authority (*Rashut HaEchud veHaHagirah*), an agency within the Interior Ministry. The process follows the same procedure used for any foreign civil marriage:

  1. Obtain an Apostille-certified marriage certificate. The original foreign marriage certificate must bear an Apostille stamp issued by the competent authority of the issuing country. Israel is a party to the 1961 Hague Convention Abolishing the Requirement of Legalisation, which means most Western countries' certificates can be Apostilled directly. If your country is not a Hague Convention member, consular legalization via the Israeli embassy is required instead.
  2. Obtain a certified Hebrew translation. A sworn Hebrew translation of the certificate, prepared by a certified translator, must accompany the original.
  3. Appear at a Population Authority office. Both spouses normally attend in person. The main offices are in Jerusalem, Tel Aviv, Haifa, and Beer Sheva; local branch offices exist in most cities. In limited circumstances, a notarized power of attorney allows one spouse to submit on behalf of both.
  4. Submit identity documents. Israeli citizens bring their teudat zehut (ID card). Foreign nationals bring their passport. Residents with a visa or residency status should bring proof of that status as well.
  5. Await confirmation. Processing is generally completed within a few weeks. The Population Registry is updated and, for Israeli citizens, the teudat zehut database reflects "married" status. A new physical ID card may be requested.

Practical notes for foreign nationals: If one or both spouses are not Israeli residents, registration is still possible but requires documentation of the marrying country's law confirming the marriage is valid. Israeli embassies abroad can sometimes assist with initial inquiries. Given that errors in the registration process can create complications for residency applications later, consulting an Israeli family law attorney before submitting is advisable.

In Practice: Appointment availability at Population Authority offices varies sharply by city. The Tel Aviv office — where the majority of same-sex couples register — typically runs 6–12 week backlogs for non-urgent registration cases. Couples who intend to rely on registered married status for a time-sensitive purpose (spousal visa application, property purchase, inheritance proceeding) should submit the registration application immediately on returning from abroad, not when they decide they "need" it. Some attorneys can help expedite genuinely urgent cases, but routine registrations proceed in queue order.

4. Legal Rights of Registered Same-Sex Couples in Israel

Registration in the Population Registry as a married couple triggers a broad set of legal rights and obligations. Israeli law — developed largely through Supreme Court decisions and legislation — now treats registered same-sex spouses on par with opposite-sex married spouses in most substantive areas:

Inheritance

Under the Inheritance Law 5725-1965, a registered spouse is a primary heir. The surviving spouse inherits the marital home and at least half the remaining estate (depending on whether the deceased left children). This applies equally to registered same-sex spouses. Without a will, Israeli inheritance law does not distinguish between same-sex and opposite-sex registered marriages.

Residency and Family Reunification

A foreign national married to an Israeli citizen may apply for a spousal residency visa under the Citizenship and Entry into Israel Law 5712-1952. The process is a graduated residency track that typically takes several years and ends with naturalization eligibility. The Interior Ministry processes same-sex spousal applications on the same basis as opposite-sex applications following the Supreme Court's direction. The process is described in detail in our guide on Israeli citizenship by marriage.

Joint Taxation

Registered spouses are treated as a unit for certain provisions of the Income Tax Ordinance. They may file jointly for credits and may benefit from exemptions available to married couples, including exemptions relevant to property transactions.

National Insurance Benefits

The National Insurance Institute (*Bituach Leumi*) provides survivors' pensions and dependency benefits to registered spouses, including same-sex spouses. These benefits are not automatic — the surviving spouse must apply and demonstrate the registered marriage.

Parental Rights

Registered same-sex couples may apply jointly for adoption under the Adoption of Minors Law 5741-1981. The court applies the standard "best interest of the child" (*tovas hayeled*) test and conducts a welfare assessment. Surrogacy is also available to same-sex male couples following amendments to the Surrogacy Agreements Law; see our dedicated guide on surrogacy in Israel for the current requirements.

Employment and Social Benefits

Israeli labor law and collective bargaining agreements extend spousal benefits (travel allowances, bereavement leave, pension survivor rights) to registered same-sex spouses. An employer cannot lawfully discriminate in providing these benefits based on the gender composition of the marriage.

5. Rights for Same-Sex Couples Without a Foreign Marriage Certificate

Not every same-sex couple in Israel is formally married. Some couples have lived together for years without having obtained a foreign marriage certificate. Israeli law provides meaningful protections for these couples through the concept of yadua batzibur — meaning a couple who lives together and presents themselves publicly as committed life partners.

The legal framework for cohabiting couples is built on several pillars:

  • Inheritance: Section 55 of the Inheritance Law 5725-1965 gives a cohabiting partner (*ben zug*) inheritance rights equivalent to a spouse when the deceased left no will. Courts have applied this provision to same-sex couples. However, blood relatives can challenge such claims, and the burden of proving the *yadua batzibur* relationship rests on the surviving partner. A properly drafted Israeli will is the most reliable way to protect a same-sex partner's inheritance.
  • National Insurance: The National Insurance Institute has extended dependency and survivor benefits to cohabiting same-sex partners who can demonstrate a stable, publicly known partnership.
  • Property disputes: In disputes over jointly accumulated assets, Israeli courts apply equitable principles developed under the case law on cohabiting couples, including same-sex couples. The court looks at financial contributions, shared intent, and the length of the relationship.

A formal Cohabitation Agreement (*heskhem hasdarat yachasim*), registered with the Family Court or a notary, adds contractual certainty to these protections. It can specify how assets are divided if the relationship ends, what maintenance obligations exist, and how jointly held property is managed. For foreign nationals who have not yet married abroad, this agreement is an important interim protection while marriage plans are arranged.

6. Divorce and Separation for Same-Sex Couples

Ending a same-sex marriage registered in Israel from abroad involves a specific procedural consideration: because Israel has no mechanism to perform same-sex marriages, the religious divorce courts — most importantly the Rabbinical Court for Jewish couples — have no jurisdiction over them. Divorce for registered same-sex couples is handled exclusively by the civil Family Court (*beit mishpat lemishpacha*).

This is actually advantageous in one important respect. The Rabbinical Court's divorce process (*get*) requires the husband's voluntary delivery of a religious bill of divorce to the wife, and withholding it can leave the wife in legal limbo for years. Same-sex couples are entirely outside this system and proceed directly through the civil Family Court, which applies Israeli family law without religious procedural requirements.

What the Family Court decides in a same-sex divorce:

  • Division of marital property: The Spouses (Property Relations) Law 5733-1973 provides for equalization of resources accumulated during the marriage. Each spouse is entitled to half the increase in value of marital assets, regardless of whose name they are in.
  • Alimony (*mezonot*): The Family Court may order maintenance payments to a financially dependent spouse, applying the same principles used in civil divorce proceedings.
  • Child custody and support: All custody and child support decisions are governed by the best interest of the child (*tovas hayeled*). The court does not apply different standards based on the sexual orientation of the parents.
  • Residency rights of foreign spouse: A non-Israeli spouse who gained residency through the marriage may need to address their immigration status separately through the Population and Immigration Authority.

Dissolution proceedings can be initiated by either spouse at the Family Court in the district where the couple resides. The court will require proof of the foreign marriage registration, evidence of residency, and, where children are involved, a social welfare report. The process typically takes between six months and two years depending on whether the separation is contested.

An Australian couple — two women who had married in Victoria — contacted the Population and Immigration Authority's Tel Aviv office to register their marriage after one partner obtained Israeli citizenship through Aliyah. They brought an Apostille-certified marriage certificate from the Australian Department of Foreign Affairs and a Hebrew translation prepared by a certified translator in Tel Aviv. The Population Authority initially queried whether the Australian certificate covered same-sex marriages under Victorian law, which required a supplementary declaration from the Victorian Registry of Births, Deaths and Marriages confirming that same-sex marriage was legally performed there from 2018 onward. With that document added, registration was completed in three weeks. The lesson: anticipate that staff may request supplementary documentation about the marrying country's same-sex marriage law, and prepare a brief legal summary in Hebrew before your appointment.

In Practice: One underappreciated advantage for same-sex couples divorcing in Israel is that the Rabbinical Court has no jurisdiction over them at all. For opposite-sex Jewish couples, the get process can stall for years if one spouse withholds consent, and the Rabbinical Court cannot legally compel delivery without exhausting a long list of lesser measures first. For registered same-sex couples, the Family Court applies a straightforward civil process under the Spouses (Property Relations) Law 5733-1973: property equalization, maintenance if applicable, and custody — no religious compliance required, no third party can block the process. The timeline is set by the court's docket, not a recalcitrant spouse.