A Study on the Pros and Cons Viewpoints of Marriage with the Adopted Child in Iran

Mahboubeh Halvayipour, Sima Rahgosha



Adoption is a legal entity whereby a specific relationship is created between the adopted child and the adoptive father and adoptive mother. This has existed in law history as one of the ways to protect the orphans. In Islamic legal system lineage is created solely through legitimate birth. So Adoption creates conventional lineage. According to Orphans Protection Law, families without children can adopt orphaned children under some standards and conditions, without the formation of any impacts resulted from lineage, such as inheritance and marriage reverence between them. It must be noted that some of the duties and responsibilities assigned to the real parents by Islam, such as alimony and tutorship can be considered for supporting orphaned children. However, the approval of an emerging legislation such as marriage with adopted child has created great deal of debate in our society and confronted families with scepticism to adopt children. So with such a legislation how can we provide better future for this segment of society who are deprived of family support? This paper is organized in four chapters. In the first chapter the general discussion is presented. The second chapter explains the related concepts and investigates the essential conditions in child adoption and its denial from Law and Jurisprudence point of view. In the third chapter the conditions of marriage with adopted child and how to communicate with family members (natural and legal) are reviewed. The fourth chapter will complete the discussion by presenting recommendations and conclusions.

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