Adoption in the Hashemite Kingdom of Jordan falls under the competence of Islamic precepts and the Ministry of Social development.
Islam is the official religion of Jordan; Adoption is forbidden in Islam, also it does not recognize the term “adoption,” nor does it allow a child to take the family name of a non-biological parent. This step ensures that there is no confusion of bloodlines and inheritance, so legally and officially, all official parties use “legal guardianship”, as it is forbidden to adopt the child.
I believe that there are no circumstances under which an adoption may be permitted in Jordan.
As the adoption is forbidden in Jordan please find hereunder the alternative:
A- If the father and mother are known (legal child) but the father died, as the adoption is illegal and forbidden then according to article 123 of the Jordanian civil law; the legal guardian will be his grandfather or the legal guardian who is appointed by the court, and the legal guardian will be responsible to raise the child and take care of him. And it is worth mentioning that as the father and mother are known, if someone wants to take care of the child whom his father died the only way in Jordan is to obtain a decision from Jordanian court appointing him as a legal guardian to raise and take care of the children. So the legal guardian will be responsible of the child and take care of him and raise him just like the adopter.
B- But kindly note that if the child&s mother and father are unknown (foundling) then if a parent want to raise the abandoned child they can submit in this case an application to the Ministry of Social development in Jordan to get a grain legal custody and the in this case they need a special requirements, also they need to obtain a guardianship from Jordanian court.
Finally, as it is the adoption is illegal in Jordan and forbidden, I believe that the alternative of adoption is the legal guardianship, also please note that Jordan made a reservation on article 21 of the convention on the rights of the child which permit the system of adoption.
ABOUT THE AUTHOR: Tarik Hani Arida
Tarik Hani Arida is a jordanian lawyer, he is a partner in Arida Law firm in Jordan which was established since 1973 in Jordan.
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