Baghdad juvenile court: the  adoption requests of the unknown parentage orphans exceed their number in Baghdad

Baghdad juvenile court: the adoption requests of the unknown parentage orphans exceed their number in Baghdad

2018-10-01 09:16:00

Baghdad /Zaid Ala'aragi

The Iraqi  lawmaker issued Juvenile Act No.(64) of 1972 but it had been cancelled in 1983 when Juvenile Welfare Act No.(76)(amended) has been issued. It guarantees the sponsorship right to the orphan and who losing parentage who are considered the children of the state till they become adult.

 Juvenile Welfare Act does not set a specific definition of the orphans and who losing parentage but other legal texts, the administrative decisions of the Ministry of Finance and Ministry of Lobar and Social Affairs  and the administrative instructions identify the orphan by law as the child who lost its father or its parent and it is not  a mature person.

While the term (losing parentage person ) is the foundling or unknown parentage . This term is a great humanitarian step to  decrease the negative social reflects that the child who is known as foundling or unknown parentage, could face so that the Welfare Childhood Commission in Ministry of Lobar and Social Affairs decided to launch this naming (losing parentage).

Chief justice of the Baghdad Juvenile Court Competent in the Case of Adoption and Sponsorship of the Orphans and  losing Parentage, judge Haider Jalil Albarawi thinks that a couple  is able to adopt the losing parentage orphans from the orphanages by submitting an official request to the competent court in respective governorate , provided that the couple shall be Iraqi , shall be persons of high moral character, shall be a mature, safe of infectious diseases and able to raise and support the child.

To meet these conditions, Albayrawi states that law grants the competent court an esteem authority to choose the best applicant couple depending on the field disclosure of the social research to show the financial capacity of the adoption applicant and to know if the couple or one of them work or has real estate or posses a car .In addition to that the marital status shall be continued and there are no problems may affect the child.

Chief justice of the Baghdad Juvenile Court keeps on that  among the conditions set by Article (39)of Welfare Juvenile  Act that the child who is requested  to  be adopted, shall be young and be had lost its parents.

Albayrawi added " if the legal conditions are provided and after choosing  the best adoption applicant, the court will make a provisional decision for six months adoption in order to follow up the adopted child by the social researcher of the court and submit  the periodic reports about its condition , then the court makes a permanent decision to join the child to the couple and to notify the nationality competent directorate to register it in name of the parents Or  the court will make a provisional  decision  for other six months term if  it is not sure of the status of the child with  adoptive parents. If the court figures out that the interesting of the child is not fulfilled or the child suffers , the court will revoke the adoption , will take the child from the family and will get the orphan and losing parentage child  back to the orphanage.

Regarding to the applications are submitted by the couple to adopt the children, judge Albayrwi confirmed  that the numbers of the adoption applicant and who get the decision to join losing parentage child are more than the numbers of the orphan children of losing parentage in the orphanages in Baghdad .

In respect with the orphan children are known parentage, the Islamic sharia prohibits to be adopted. Iraqi law set  according to Islamic sharia so it doesn't  allow to  adopt or register it in the name of adoption applicant and law ensures the right of joining the known parentage orphan child.

Regarding to  the sponsorship of the orphan , Albayrawi states that Iraqi law grants the right to guarantee a known parentage orphan and it is identified by caring ,supporting and raising it without registering it in the name of the sponsor. Indicating that the court chooses the sponsor in accordance with trade-off between the applicant of sponsorship and the best for the orphan.

Concluding that Iraqi law grants the right of adoption and to register the unknown parentage orphan only in the name of the family but the known parentage orphan is not able to be adopted or changes its parentage . It just grants the right of sponsorship to care and raise it. Pointing out that the Iraqi lawmaker  can add paragraphs to law to determine the conditions should be fulfilled in the adoption and sponsorship applicant.




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