Declaration of abandonment and the kafil
- A child is declared abandoned by judgment of the Court of First Instance, on application by the Crown Prosecutor, following an inquiry.
- Kafala may be granted to Muslim married couples, to a Muslim woman, or to public institutions and bodies recognised as being of public utility (Art. 9).
- The kafil must be of age, morally and socially fit, have sufficient means and must not have been convicted of an offence against children.
Procedure and effects
- The guardianship judge orders the kafala after a social inquiry; the order is enforceable and entered in the court register.
- The kafil provides for the child's maintenance, education and protection, and may make a tanzil (bequest) in the child's favour.
- Taking the child abroad requires the authorisation of the guardianship judge; monitoring is carried out by the consular services (Art. 24).
Key articles
Art. 9
« The kafala of children declared abandoned is provided by Muslim married couples, by a Muslim woman, or by public institutions responsible for child protection and by social bodies, organisations and associations recognised as being of public utility. »
Art. 24
« A person providing kafala who wishes to leave the national territory to reside abroad with the child must obtain the authorisation of the guardianship judge. »
A lawyer's points to watch
- Kafala does not create a parent-child relationship: questions of name, inheritance and nationality must be dealt with through separate instruments (tanzil, will, acquisition of nationality).
- Foreign kafils, or those living abroad, should plan ahead for the recognition of the kafala in their country of residence.
- The guardianship judge may revoke the kafala in the event of a breach; follow-up reporting requirements must be complied with.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.