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Free Guide to Hiring a Family Lawyer
Adoption laws in Irbid, and generally throughout the Hashemite Kingdom of Jordan, are regulated by both civil law and Islamic Sharia principles. The concept of adoption, as it is known in Western countries, does not fully apply under Jordanian law. Instead, the legal system emphasizes "kafala," a form of guardianship that protects the child's welfare while retaining their original family identity. The objective of local adoption laws is to ensure the best possible care for children in need by placing them in stable and caring environments while respecting religious and cultural norms.
Navigating the complexities of adoption in Irbid can be challenging due to the interplay of civil, religious, and administrative regulations. Here are some situations where legal assistance may be invaluable:
In Irbid, adoption is governed primarily by Islamic family law, particularly as interpreted in the Personal Status Law. The law prohibits full adoption as understood in some jurisdictions; instead, the child remains legally tied to their birth family. The kafala contract is the main legal framework, granting custody and care to a guardian while ensuring the child's identity is preserved.
Key aspects include:
Adoption, as practiced in some Western countries, severs the legal ties between the child and their biological family and creates inheritance rights. In Jordan, only kafala is permitted, which grants guardianship and care but retains the child’s legal ties to their biological family.
Typically, Jordanian citizens who are Muslim and married can apply. Single and non-Muslim applicants may face significant restrictions and are generally not eligible except in exceptional cases.
Foreigners may face strict limitations and must meet additional requirements, including residency, religious compatibility, and approval from both Jordanian authorities and possibly authorities in their home country.
No, under Jordanian law, a child under kafala keeps their original surname and family identity to align with Islamic principles.
No, children under kafala do not automatically have inheritance rights from their legal guardians according to Sharia law, though a guardian can allocate part of their estate to the child through a will within certain limits.
Applicants must usually be over 25 years old and under 50 years old, although there can be exceptions based on the child's age and the guardian's circumstances.
Required documents typically include identification papers, proof of income, health certificates, background checks, and marriage certificates for married couples.
The time frame varies but it often takes several months due to background checks, home studies, and court approvals.
The welfare of the child takes precedence, and authorities such as the Ministry of Social Development may investigate and, if necessary, alter or revoke the guardianship arrangement.
Yes, but guardians must obtain official permission from relevant authorities every time they plan to take the child outside Jordan, especially for international adoption cases.
If you are considering adoption or kafala in Irbid, your first step should be to gather information and confirm your eligibility. Consult with a qualified legal professional who specializes in family and guardianship law in Jordan. Arrange an appointment with the Ministry of Social Development to understand the latest requirements and procedures. Prepare your documents ahead of time and be ready for interviews or home studies. If you face any obstacles, a local lawyer can guide you through administrative and judicial processes to protect your interests and those of the child.
Remember to always ensure you are working with recognized governmental bodies or licensed legal practitioners in Irbid. Taking these steps will help ensure a smoother process and the best outcome for all involved.
