Is “kafala” recognized in France?

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

It is a system whereby, in some Muslim countries, children can 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, that is to say pronounced by a notary.

Kafala can also be judicial: the decision is made by a judge.

"Kafala" is not the same as a adoption single or plenary, the only one that can create a parentage.

The child being picked up retains ties with his or her family of origin.

In some countries, the "kafala" automatically carries away delegation of parental authority.

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

For abandoned children, 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, effects are those of full or partial delegation of parental authority.

The judicial decision of legal collection is automatically recognized on French territory.

It is possible to ask exequatur a judicial decision of “kafala” to make it enforceable in France.

The exequatur shall apply to the court of justice for the place of residence of the child being received.

The control exercised by the court varies according to whether or not there is an agreement with the country from which the decision originates.

The "kafala" does not allow a special right of access for minors to French territory.

Children taken in by "kafala" remain subject to the rules on the entry and residence of foreigner minors in France, except for Algeria and Morocco for which there are specific rules.

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 statement.

The application shall be made to the Registrar of the Judicial Services of the Court of Justice or in the vicinity of his place of residence.

In principle, the adoption of a foreigners child cannot be pronounced in France if its personal law prohibits it. The same applies to the personal law of the adopter.

L'foreign-born foreigner child and collected by "kafala" cannot benefit in France from a adoption.

However, the child who has been legally registered (‘kafala’) and became French by statement may be adopted.

The adoption pronounced may be simple when the child still has his or her parent(s). Adoption may be plenary if the child is orphaned or abandoned.

Adoption presupposes that his or her parents of origin or legal representative expressly consents if they are known or alive.

If the parents are dead or unable to express their will or if they have lost their rights of residenceparental authority, consent shall be given by family council in front of the judge. These are the family court, ruling in matters of guardianship of minors, the court of the place of the child's habitual residence).