Social constructions of reality and narratives of parental incapability in the process of adjudicating the adoption of minors in Israel

Compulsory adoption of a child constitutes the most extreme intervention of the state in family life. In Israel, this intervention relies mainly on the cause of parental incapability, which has not been clearly defined by the law and is left to the court's discretion. In this paper, the social construction of a reality paradigm and the narrative approach to the law are used as conceptual frameworks for analysing the concept of parental capability in court decisions favouring compulsory adoption. The analysis of case studies revealed six central narratives of parental incapability in court decisions and the judicial practices that constructed them. The compelling power of the parental incapability narrative leading almost conclusively to the closed adoption solution is discussed, and an alternative narrative of open adoption is put forward.