A Comparative Study of Adoption in the Legal Systems of Iran and France with an Approach to the Law for the Protection of Children without a Guardian, Passed in 1974

Adoption is a legal institution whereby a special relationship is developed between the adopted child and step father and step mother. This matter has a relatively long history in the history of law and with its different objectives has been an object of attention in different eras. After a series of developments, the establishment of adoption is currently accepted in the laws of western countries in the forms of complete, simple or incomplete, with different impacts. In Iran, despite a history of the acceptance of this institution during Sassanid era, and its credibility in the eyes of the Zoroastrians, it became abolished through the influence of Islam; however, at the present time, due to its individual and social benefits and society’s need and the establishment of justice and the protection of children without guardian, this law has been revived as the “Law for Protection of Children without a Guardian”, with certain legal impacts. Albeit, in the Islamic legal system adoption, as an institution having all effects of the sanguinity, has been rejected, but the guardianship of children without a guardian and the orphan and paying attention to these children and the way one treats them has been recommended in many verses and traditions. In general, it seems that guardianship in Iran is much like the simple child adoption in French law. The main question of this paper is: Given the abolishment of adoption regulations in Islam and in many cases, the influence of Islamic jurisprudence on the Iranian legal system, how is adoption treated; also due to society’s need for the adoption, what provisions have been considered for it? After explaining the concept of adoption using a comparative study approach, the author answers questions relation to issues such as the causes of adoption abolishment in Islam, practical adoption of children without guardian, adoption in Iranian Law, acceptance of this institution in French Law, simple and complete kinds of adoption in this country and other relevant questions and investigates the ‘Law for Protection of Children without a Guardian’, simultaneously.