Adoption

In adoption, or as it is referred to in Iranian law, guardianship, a child is entrusted by the legislator to individuals other than their parents, and the legislator must prioritize the best interests of the child. The Convention on the Rights of the Child recognizes adoption, and an adopted child enjoys the same rights and benefits as a biological child. This convention acknowledges the differences in legal systems regarding adoption in various countries and accepts the adoption of children among citizens of different nationalities. Iran has signed the Convention on the Rights of the Child but has conditioned the implementation of sections such as adoption, as Islam and Shia jurisprudence, which are the sources of current Iranian laws, do not recognize adoption. According to the Convention on the Rights of the Child, countries that recognize or permit adoption will ensure that the best interests of the child are the primary concern, as stated in Article 21 of the convention; including that adoption can only be carried out with the permission of competent and legal authorities and that the child's interests are prioritized. Article 20 of the convention, referring to the situation of orphaned children, states that a child who is temporarily or permanently deprived of a family environment or a child who cannot remain in an environment for their best interests deserves special support and assistance from the government, and member countries will ensure alternative care for such children according to their domestic laws. In Islamic jurisprudence, based on verses 4 and 5 of Surah Al-Ahzab, adoption as mentioned in the Convention on the Rights of the Child is not accepted. In Iranian laws, citing the contradiction of this section of the Convention with Islamic laws, guardianship has been referenced, the first form of which was approved in 1973, and adoption is not explicitly mentioned. With the approval of the Law on the Support of Orphaned and Neglected Children in 2013, the term adopted child was used for the first time, discussing the obligations of guardians towards the child and some of their duties. Among these duties is the cost of maintaining the child, which falls on the new guardians. The new law also raised the age of children eligible for adoption from 12 to 16 years. One of the most controversial issues related to adoption in the new law is allowing the guardian or adoptive father to marry the adopted child, which has been heavily criticized by child rights activists. In Article 24 of this law, the marriage of the guardian with the child or someone under their supervision is subject to the permission of the family court with expert opinion. Child rights activists believe that such a law opens the door for the abuse of children by their guardians and increases the likelihood of sexual abuse of children.