Jewish Adoption and Conversion: Ensuring Validity

In the case of a Jewish couple adopting a child from a non-Jewish biological family, the question of whether the adoptee is considered a Jew under Jewish law is multifaceted. This article delves into the legal and religious requirements for adoption and conversion to Judaism, answering key questions for individuals and families in similar situations.

Adoption and Conversion: An Overview

If a Jewish couple adopts a baby from a non-Jewish biological family, can the child be considered a Jew under Jewish law? The answer lies in the complexities of Jewish law (Halacha) and the specific traditions followed by the Jewish community. In this article, we will explore the necessary steps to ensure the child's status as a Jew.

Necessary Steps for Infant Conversion

For a child to be considered Jewish by birth, the child must be converted to Judaism by the parents. This conversion typically involves the following steps:

Brit Milah (Circumcision): For a male child, a bris (ritual circumcision) must be performed. This is a religious ceremony in which the foreskin is removed, emphasizing the obligation to follow the laws of the Torah. Mikvah Immersion: The child must be immersed in a ritual bath (mikvah) by the same-sex parent. This immersion symbolizes the completion of the conversion and signifies a new spiritual beginning. Rearing as a Jew: The child must be raised Jewishly and educated in Jewish values and traditions. This involves attending a Jewish school, participating in religious services, and being integrated into the Jewish community. Decision at 13 or 12: When the child reaches the age of 13 or 12 (depending on the stream of Judaism), they are allowed to decide for themselves whether to remain Jewish or not. This period is crucial as it enables the child to make an informed decision.

If the child chooses to remain Jewish, they can participate in a bar mitzvah ceremony for males or a bat mitzvah for females, symbolizing their full coming of age within the Jewish faith.

Specific Cases and Considerations

Let us consider a specific case: a Jewish couple who have adopted a 12-year-old Ukrainian boy whose biological parents tragically passed away during the Russian Invasion. Despite the automatic acquisition of EU citizenship and the registration at a Finnish school, the child's Jewish status remains unclear under Halacha and Karaite laws.

The child, at 12, is not yet eligible to decide for himself. Therefore, his conversion must be confirmed by a rabbi. If the conversion process was not completed or the child was not properly informed about the option to decide at 13, the child's status as a Jew may be questionable.

In Orthodox and Conservative Judaism, the child's mother's Jewish status during the birth is crucial. If the biological mother was not a Jew at the time of birth, the child cannot be considered a Jew according to these streams of Judaism. However, in Reform Judaism, if the child was reared as a Jew, they can be considered a Jew even without the formal conversion process.

In the case of the adopted Ukrainian boy, his guardianship as the Jewish adoptive father does not automatically confer Jewish status upon him. He would need to undergo a full conversion process, including a brit milah and a mikvah immersion. As the adoptive father, it is essential to avoid any attempt to influence his decision, whether pro or con, to ensure the child's autonomy in making this significant choice.

Avoiding the influence of one's adoption story, the laws of Halacha and Karaite religions should be strictly followed. The decision should remain in the hands of the child, as it is their spiritual journey to be decided upon.

Jewish tradition also acknowledges the genetic mixing with other ethnicities, as evidenced in the biblical story of Abraham and his non-Jewish wife. This highlights the adaptability and acceptance within Jewish tradition, as well as the importance of following established conversion processes to ensure a child's full integration into the Jewish community.