The tensions between parenthood rights and child's interests: Israeli court analysis of parents with disabilities

Abstract Background The Convention on the Rights of Persons With Disabilities establishes the fundamental right to parenthood, yet these rights are frequently violated. Parents with disabilities face disproportionate involvement with child protective services and higher rates of custody loss. Methods This qualitative study employed systematic case law analysis. Court decisions were located through Israel's legal database. After applying inclusion criteria, 78 judgments involving parents with disabilities were analyzed using thematic analysis. Results Two themes emerged: (a) the right to parenthood as a guiding principle, emphasizing approaching custody with sensitivity and presuming children belong with biological parents; and (b) the best interests of the child as the leading doctrine, prioritizing stability, time considerations, and the child's age. Despite incorporating rights discourse, courts consistently prioritized child welfare over parental rights. Conclusion Although courts demonstrate awareness of rights principles, significant gaps exist between discourse and outcomes. The study reveals institutional‐level discrimination where formal recognition fails to translate into substantive protection. Implications Comprehensive legal reforms, enhanced support systems, and therapeutic jurisprudence approaches are needed to ensure meaningful implementation of parental rights for persons with disabilities.