Document Type : Scholarly Article
Authors
1
Assistant Professor, Department of Law, Refah University, Tehran, Iran.
2
Master's student in family law, Refah University, Tehran, Iran.
Abstract
In any community, children need to the protection, particularly when they are left without guardians or be abused with the poorly supervised. One of the supporting institutions is the adoption of children, entitled persons to adopt them. Child adoption at the level of formation and discharge has requirements and both levels are conducted considering the interests of the child. In this article, the factor of the child's interest in the discharge stage of child adoption, which is a quasi-family arrangement, is investigated. Child adoption is not the same in Iran and the United Kingdom and is different in the discharge stage. Hence, we have comparatively examined the discharge of Child Adoption in both legal systems in order to take advantage of foreign law to resolve the existing gaps, including the high interest of the child in the discharge of Child Adoption. In this article, using analytical, descriptive and library methods and based on comparative studies, the materials have been collected. The interest of the child is important both in jurisprudence and in the legal system of Iran but In Iran's legal system, the legislator has counted the cases of discharge of Child Adoption in the law, which makes the expediency to be considered less. This is while the interest of the child is important both in jurisprudence and in the Iranian legal system, but because in the Biritish system rights have not been counted, it is better to be the same in Iran. On the other hand, child adoption in the British legal system is indefeasible, but it is not absolute and in some special circumstances it can be terminated. Therefore, the termination of child adoption in the UK has not been defined and only the interest of the child is considered and any factor that threatens the interests of the child is in the circle of termination of child adoption. In the legal system of Iran, in order to ensure the high interest of the child, situations such as sexual abuse of the child, Illness, inappropriate performance, absence and misbehavior of adopted children, discrimination and injustice and anything that endangers their high interests considering the conditions of the child can be titled as the interest of the child in cases of discharge of adoption in order that the interests of the child are more likely to be preserved.
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