Document Type : Scientific Research
Abstract
Adoption is a legal institution under which a legal relationship between the spouses or the single guardian is created with the adopted child. Adoption has quite a long history in human lives, as it was customary at the time of Ignorance and the adopted child has been granted all the rights and duties of a real child. With the revelation of verses 4 and 5 of the Ahzab chapter, adoption lost the sense that it had during the time of Ignorance; however the concept of adoption was approved in Islam.
In Iran, the law to protect unsupervised children was passed in 1974, and this law with the new title "Law for the Protection of Children and Adolescents, Orphans or with Irresponsible Parents" was amended and the former Act was repealed in 2013. According to this law, families without children or single women over thirty years old can adopt children or teens, either orphans or with irresponsible parents, if the conditions prescribed in the Act are provided. After sentencing the adoption, certain rights and duties such as child custody and alimony are set between the parents and the child. But they are deprived of some other rights including inheritance, which according to the provisions of Article 14 of the mentioned law, this problem is remedied.
Inserting the sentence of adoption in the birth certificates of both the foster child and the guardian according to Article 22 of the aforementioned Act, and licensing the marriage between the guardian and the adopted child expressed in Article 26 of the same law, are Among the defects and problems of this law which are in conflict with the main purpose of this Act, in Article 1, the material and spiritual needs of children and adolescents. The writer according to the proclamations of some jurists, opinions of lawyers and psychological and sociological damages, has offered a remedy for the latter problem and has suggested the removal of this note and banning of such marriages.
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