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Immigration & Aliyah

Can a child born in Israel to a foreign mother and an Israeli father get Israeli citizenship?

Yes. Section 4 of the Nationality Law 5712-1952 grants Israeli citizenship by birth to a child born in Israel when either parent was an Israeli citizen at the time of birth, and the mother's nationality is irrelevant to that. The obstacle is evidential rather than legal. The Population and Immigration Authority records the mother automatically from the hospital notification, and the father appears in the register only once paternity is documented. Married parents face no difficulty, while unmarried parents must either sign a joint acknowledgment of paternity at a Population Authority office or obtain a parentage declaration from the Family Court.

Citizenship by birth under Section 4 is automatic rather than discretionary, which separates it sharply from naturalisation or residency applications where officials weigh the merits of the case. Once the father is recorded in the Population Registry, the child receives an identity number, is entered as a citizen and can be issued an Israeli passport. Registration of the father is governed by the Population Registry Law 5725-1965, and the Authority will not take an unmarried father's word for it on its own. Where a joint declaration cannot be signed, the Family Court can issue a declaratory judgment of parentage. DNA testing to support such a claim is controlled by the Genetic Information Law 5761-2000 and requires judicial approval.

One situation regularly defeats the process. Where the mother was married to another man at the time of conception, Israeli courts usually decline to order DNA testing, because a result showing a different biological father could brand the child a mamzer under religious law with lifelong consequences for marriage. The Attorney General is joined to those proceedings and the child's welfare governs the outcome, so a family in that position should take advice before filing anything. The mother's own immigration status is a separate matter and does not follow from the child's citizenship. She must apply to the Population Authority for status as the parent of an Israeli minor, and our guide to Israeli citizenship for foreigners sets out the wider framework.

⚖ In Practice
  • Governing law: Section 4, Nationality Law 5712-1952; Population Registry Law 5725-1965
  • Competent authority: Population and Immigration Authority (Rashut HaOchlusin VeHaHagira); Family Court for parentage declarations
  • Proving paternity: a joint acknowledgment signed by both parents at a Population Authority office, or a Family Court declaratory judgment
  • Restriction: DNA testing requires court approval under the Genetic Information Law 5761-2000, and is usually refused where the mother was married to another man at conception
  • Timeline: registration within days once paternity is documented; a contested parentage claim typically runs 6 to 12 months
  • Cost: birth registration carries no fee; a Family Court parentage claim carries a fixed fee of approximately NIS 500 (2026)

From the full guide: Israeli Citizenship for Foreigners: Rights and the Application Process

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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