A quiet revolution is unfolding in the Knesset that offers a glimmer of hope for young widows and widowers raising orphaned children.
The newly passed amendment to the Legal Capacity and Guardianship Law marks a significant change with profound implications for these families. Within a year, most guardianship requests will be approved by the Guardian General without the need to appeal to the court. The Justice Ministry, in its press release, emphasized that the new amendment aims to reduce the burden on the judicial system and simplify the guardianship process for minors, including orphaned children.
At Amitsim, an organization representing 17,000 Israeli families comprised of young widows and widowers raising 30,000 orphaned children, this isn’t just about reducing paperwork or easing guardianship rules. It represents a major shift in societal attitudes.
Here’s why this amendment is so important.
The current legal reality
According to Israeli law, “Parents are the natural guardians of their minor children.” However, when one parent dies, the surviving parent’s authority is often undermined by the legal system. In Amitsim families, the surviving parent faces a harsh reality where they must constantly fight to prove their legitimacy as a parent. They often need to provide proof beyond their ID card, which repeatedly confirms that they are indeed the parent of their own children—a situation that no couple would ever face. When both parents are alive, an ID card is sufficient to prove their guardianship. Yet, once one parent passes away, the surviving young widow or widower is suddenly treated with suspicion by the authorities.
This legal scrutiny affects every action involving a minor’s assets, making life exceedingly difficult for the surviving parent. For instance, if a widowed father wishes to invest his children’s money for higher returns, he must apply to the court, prove that it’s in the children’s best interest, wait for months, and pay legal fees. This is a process no married couple would ever have to endure. Similarly, if a widow wants to sell her home and relocate closer to family, she must go through the cumbersome process of obtaining court approval. Even withdrawing money for simple expenses like summer camp or children’s activities requires court approval, with the Guardian General involved in the process.
The pain of legal battles
The emotional toll on young widowed parents is immense. They are not only coping with the profound loss of their spouse but are also forced to fight for their basic rights as parents. The process is made even more painful when they receive a legal document entitled “Parent vs. Children.” Yes, the same parents who care for their children day and night, rush them to the doctor and dedicate their lives to them, suddenly find themselves standing before the court as adversaries against their own children. This is a deeply hurtful and humiliating experience that must change.
A step towards change
The new amendment is expected to lead to “administrative approval” for 80% of guardianship requests, allowing them to be approved directly by the Guardian General through a semi-automatic online system. This eliminates the need for hiring lawyers and appealing to the court. The amendment will significantly reduce the emotional and financial burdens on Amitsim families while also easing the strain on the courts.
More importantly, this law represents a shift in how society views widows, widowers, and their orphaned children.
It sends a clear message that in Amitsim families, the surviving parent is the sole guardian, deserving of the same respect and authority as any married couple. The expectation is that, in the future, these parents will no longer need approval from the Guardian General. Just as a married couple does not require approval when making decisions about vacations, investments, or large purchases, it will become clear that a widowed parent is a parent with full rights and responsibilities.
A bright spot on a long journey
This amendment is an important milestone. After all, the tragedy of losing a parent early can happen to any family, and our society must ensure that it provides the necessary support for “the widow and the orphan within its gates.”
It’s the first step in a long journey toward full recognition of the status of Amitsim families in Israel. Now, more than ever, we need to continue raising our voices to demand the respect and rights that all parents deserve. In the end, a parent is a parent, even when they are alone in this battle.
We are grateful to those who have recognized the suffering of widows, widowers, and their orphaned children and saw the need for this crucial amendment: Justice Minister Yariv Levin, Guardian-General Ben-Zion Feigelson, and chairman of the Knesset Constitution, Law, and Justice Committee, Simcha Rothman. Without their understanding and recognition of the moral and legal gaps that needed addressing, these significant achievements for Amitsim families would not have been possible.
Yehudah Glick is president of the Shalom Jerusalem Foundation and a former MK, having previously survived an assassination attempt. He is married to Hadas Dissen-Glick, founder of the Amitsim organization. Its Hebrew name means “courageous ones” and is also an acronym for “organization of widows, widowers, and young orphans in Israel.”