The Ambiguities Accompanying Recognition of Kafalah under French Law
by Jana Araji
Question(s) at stake
Whether kafalah can be assumed to be the equivalent of simple adoption, thus supporting the conclusion that Morocco authorizes the adoption of a Moroccan child in France.
Outcome of the ruling
Kafalah cannot be considered equivalent to simple adoption. The request to adopt a child placed under kafalah was denied.
Country:
Official citation
Court of Cassation, Judgment of 10 October 2006, 06-15.246 (Cour de cassation, Arrêt du 10 octubre 2006, 06-15.246)
Topic(s)
Keywords:
Adoption Kafalah Children Parenthood Parental rights Best interests of the child Non-discrimination Right to respect for family life Situations created abroad Guardianship Recognition
Tag(s):
Makful Kafil Simple adoption International law Arrangements between countries
Bibliographic information
Access case report
View case report in the CUREDI databaseAbout the authors
Jana Araji (Max Planck Institute for Social Anthropology, Department Law and Anthropology, Germany)
Jana Araji is a PhD Candidate in the Law and Anthropology Department of the Max Planck Institute for Social Anthropology in Halle. She is a part of the Cultural and Religious Diversity under State Law across Europe (CUREDI) research group. Her current research focuses on the issues arising from the non-recognition of personal status or family relations that have been established abroad, and their impact on the concerned individuals and families in Europe.
She holds a Bachelor of Laws from Paris Descartes University (Sorbonne University Abu Dhabi), a Master 1 in International Law from the University of Strasbourg, and a joint LLM/Master 2 in Comparitive and European Private International Law from the University of Dundee and Toulouse I Capitole University. As a law student, she interned for several law firms in the United Arab Emirates and Lebanon, focusing on commercial law and intellectual property law. After graduating, she joined the Hague Conference on Private International Law (HCCH) as an intern on the team focusing on cross-border family law issues as well as developments relating to digital economy.