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Free Guide to Hiring a Family Lawyer
In the Hashemite Kingdom of Jordan, adoption as usually conceived in Western countries is not recognised in the same way due to religious and cultural beliefs. Instead, Jordan follows a system known as Kafala, a form of legal custody or guardianship, which is largely under Islamic jurisprudence principles. The Kafala system, is a way to provide for the care, protection, and education of orphaned and abandoned children and seeks to respect the biological lineage rights regarding such matters as inheritance and consanguinity. The child keeps their own name and may maintain contact with their biological family where possible.
Given the complexity of the guardianship system and the differences between Kafala and the more westernized concepts of adoption, professional legal advice is essential. Other situations may include disputes over guardianship, understanding inheritance laws relative to a Kafala child, ensuring adherence to international laws if the intended guardian is a non-Jordanian citizen, and assistance with all the necessary legal documentation for the Kafala process.
Jordanian law requires that the guardian be of the same religion as the child. The guardian is expected to be morally and financially capable. The courts also consider the best interests of the child in all cases. The legal guardian does not have rights to change the child’s official documents, such as their last name, to their own. There are other restrictions and conditions as well that make it important to consider professional legal advice.
No, Jordan does not have adoption laws that transfer the rights of the biological parent to an adoptive parent, but it has a system called Kafala, which allows for legal guardianship.
Yes, but each case is assessed individually and there are strict laws and regulations to ensure the child's safety and wellbeing. International laws about child's rights are also applicable.
No, under Kafala system, the child retains their own family name and the family lineage rights are preserved.
The court considers a range of factors such as moral and financial capability of the guardian, ensuring the same religion, and most importantly, the best interests of the child.
A guardian, under Kafala, takes responsibility for the upbringing, education, and protection of the child, but they don't have the right to claim the child as their own.
Jordan has a Ministry of Social Development which can assist with relevant information and processes. There are numerous Non-Government Organizations (NGOs) that work in the area of child welfare and can also be a good source of support and information. Familiarising yourself with Jordanian laws pertaining to child welfare might also prove valuable.
If you require legal advice about Kafala, you should find a lawyer who specializes in this field. Look for a reputable law firm in Jordan that has experienced staff dealing with adoption law. It's a good idea to prepare a list of questions and any specific concerns you have before your meeting to ensure you cover all necessary aspects.
