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 has a long history in all legal system and with its different objectives has been an object of attention in different eras. After a series of developments, it 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, it became abolished through the influence of Islam; however, at the present time, due to its previlages 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 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 in meny Iranian legal system, how is adoption treated; and what provisions have been considered for it? After explaining the concept of adoption using a comparative study 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 are studied.