Methods of Fostering Orphaned Children and Children with Unqualified Parents in Iranian Law

Protecting children at risk is one of the most important issues of child rights under international and regional conventions and domestic laws. The principle accepted in family law is the parent's priority for child custody. However, if the child’s welfare requires, one way of protecting children with unqualified parent(s) is to keep them in a safe environment outside the family by qualified persons or public or private entities and institutions. In this way, the ultimate goal is to restore parental ability, rebuild family relationships and provide the opportunity for the child to return to the family. This study uses library resources, laws, regulations and interviews with experts and professionals of Behzisti (State welfare organization) and judiciary to try to identify different ways of providing administrative and judicial support to orphaned or abandoned children In order to provide effective guardianship and care for them. According to current laws and regulations, in case of guardianless or neglected child, caring for him/her would be in a family setting and otherwise in a residential child care community. In addition to restoring family competence, the independence of the supported child also terminates the intervention of public institutions to support children and adolescents without effective guardian. Undoubtedly, the successful return of the child to the original family requires a gradual and supervised process as well as eliminating the existing family problems.