Is « kafala » recognized in France?

"Kafala" is not an adoption. This foreigners system has no equivalent in French law.

It is a system that allows, in some Muslim countries, children to be taken in during their minority on a voluntary basis to participate in their protection, maintenance and education. A single person or a married couple can take care of a child.

The "kafala" can be notarial: it is pronounced by a notary.

The "kafala" can also be judicial: the decision is made by a judge.

The « kafala » does not amount to a adoption simple or plenary, which is the only one that can create a parentage.

The foster child retains ties with his family of origin.

In some countries, the "kafala" automatically leads to a delegation of parental authority.

In other countries, the "kafala" pronounced by a judge gives automatically parental authority to the nurturing adult.

For abandoned children, with no known parentage or orphans, "kafala" produces effects in France comparable to those of a guardianship.

For children with established parentage and living parents, the effects are those of a delegation of full or partial parental authority.

The judicial decision of legal collection is recognized on french territory without there being any need to exercise any other procedure.

It is possible to ask the exequatur a judicial decision of « kafala » to make it applicable in France.

The exequatur applies to the court of the place of residence of the child taken in.

The control exercised by the court varies depending on whether or not there is an agreement with the country from which the decision emanates.

The "kafala" does not allow a particular right of access for the minor on French territory.

The children taken in by "kafala" remain subject to the rules on the entry and stay of foreigner minors in France, except for Algeria and Morocco for which specific rules exist.

The child taken in by "kafala" and who is raised in France by a person of french nationality for at least 3 years may claim French nationality by declaration.

The request is made before the registry director of the judicial services of the court or near his place of residence.

In principle, the adoption of a child foreigner cannot be pronounced in France if the law of the State of which he is a national prohibits it. The same applies to the adopter.

The child foreigner born abroad and collected by "kafala" can not benefit in France from a adoption.

However, the child who has been the subject of a legal collection (« kafala ») and became french by declaration may be adopted.

The adoption may be pronounced simple when the child still has his or her parents. Adoption can be plenary whether the child is orphaned or abandoned.

Adoption presupposes that the parents of origin or legal representative expressly consent if known or alive.

If the parents are deceased or unable to express their will or if they have lost their rights toparental authority, consent shall be given by the family council before the judge. This is the family court judge, ruling on guardianship of minors, the judicial court of the place of habitual residence of the child).