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In Riyadh, and Saudi Arabia as a whole, the concept of "adoption" per se does not exist in the same way it does in many other countries. Traditional adoption as recognized by Western law is not recognized. Instead, the country facilitates what's known as "Kafala" system, a form of guardianship that provides care to children without altering their biological lineage or giving them inheritance rights. This alternative system, rooted in Islamic tradition and law, is designed to preserve the biological family ties of the child, while ensuring their wellbeing and safety.
Seeking Kafala guardianship can be a complex process, often requiring legal assistance to navigate. Situations where you may need a lawyer include instances where you may not fully understand the requirements, legalities, and implications of the process. Lawyers can provide legal advice, necessary documentation assistance, and can guide you through the legal procedures to provide a smooth transition for the child and guardians. Moreover, international prospective guardians looking to facilitate Kafala in Saudi Arabia may require a local legal representative to streamline the process.
The local laws related to the Kafala system in Saudi Arabia are governed by Islamic Sharia principles. Key aspects to note include: the process respects the child's original family affiliation, the child does not take the caregivers' family name, and the child does not have inheritance rights from the guardians. Kafala guardianship is revocable and can be ended under certain conditions, as per the legal regulations. The system is administered and overseen by the Ministry of Human Resources and Social Development, which gives orders of guardianship after considering the best interests of the child.
Legally, no. Saudi Arabia does not recognize “adoption” as per Western law. Instead, the 'Kafala' system is in place that is a form of foster parenting.
Under Kafala, the child retains their birth family’s name and does not adopt the guardian’s family name.
As per Islamic law, a child under Kafala system does not have a legal right to inherit from the foster family.
The Ministry of Human Resources and Social Development is mainly responsible for overseeing the Kafala system in Saudi Arabia.
Yes, but the requirements and process may be different. It’s recommended to seek legal advice for a smooth process.
Additional resources for understanding and initiating the Kafala process may include contacting the Ministry of Human Resources and Social Development or seeking guidance from local legal experts specializing in family laws and Kafala system. Relevant non-government organizations and charity institutions that work for children’s welfare can also be beneficial sources of information.
If you are considering Kafala guardianship in Saudi Arabia, it is advised to firstly gain full understanding of the system and legalities involved. Consult with a local legal expert specializing in family and guardianship laws. Ensure the decision serves the best interest of the child and aligns with your capabilities and commitments. These carefully thought-out steps will initiate your journey of bringing a new member into your family.
