A Comparative Research on the Role of the Child's Interest in the Discharge of Child Adoption in the Iranian-British Legal System

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.

Keywords

Main Subjects

References

  1. Abedini, Abdullah Meshki-Baf, Mehdi, 1400, the position of expediency in the Convention on the Rights of the Child and Family Laws of Iran, Comparative Research Quarterly of Islamic and Western Laws, Research Paper, Year Eight, Number Four, 183-212.
  2. Afshar Gouchani, Zohra, 1400, the problem of inheritance in adoption in British and American law with a view to Iranian law, specialized scientific quarterly of legal encyclopedias, volume 4, number 10, 37-7
  3. Ahmadvand, Khalil Elah, Azadmanesh, Leila, 1402, examining the financial rights of men and women in the light of dynamic jurisprudence and family law, period 28, number 79, 295-327.
  4. Aristowi, Marjan, 2019, the nature, effects and conditions of adoption in Iranian law with a comparative view of Islamic principles and English law, Children's Law Quarterly, second year, number 6, summer 2019, 109-143.
  5. Aristowi, Marjan, 2019, the obligations of the guardian couple towards the adopted child and the guarantee of its implementation in Iran's legal system with a comparative study in English law, Children's Rights Quarterly, second year, number 8, winter 2019, 111-145.
  6. Azari, Hajer, Mira Ahmadi, Munireh, 2018, judicial approaches to determining expediency in child marriage, scientific-research quarterly, Women and Society, 10th year, number 40, pages 1-28
  7. Bashirtash, Shirin, Iftikhar Jahormi, Guderz, Safaei, Seyed Hossein, 2019, Adoption in the light of domestic laws and judicial procedure of English courts, Private and Criminal Law Research Quarterly, No. 43, 52-33.
  8. Civil law
  9. Emami, Asadullah, 1379, article on adoption in Iran's current laws
  10. Emami, Asadullah, 1392 comparative study of ancestry and gender change, Tehran, Mezan publication
  11. Executive Regulations of the Law on Protection of Unsupervised and Abused Children and Adolescents approved in 2014
  12. Hemanalo, Leila, 2013, The rulings and effects of adoption in jurisprudence, Iranian and English law, Master's thesis published, Imam Khomeini International University, Faculty of Social Sciences, Department of Law
  13. Hosseini-khah, Sidjavad, 2013, approaches to approximate the view of Imami jurisprudence and the international human rights system on the issue of corporal punishment of children, human rights magazine, volume 6, number 2, 24-3.
  14. Jahandari, Nagin, 2016, the nature and legal effects of guaranteeing the obligations of guardian spouses, published master's thesis, Islamic Azad University, Bandar Abbas Branch, Faculty of Humanities, Department of Law
  15. Katuzian, Nasser, 2015, Family Civil Rights Course, second volume, Olad, Tehran, publishing company, 2013(b)
  16. Law on protection of orphaned children approved in 1953
  17. Meythami, Fatemeh, Aghajani-Ronqi, Aida, Shahbazi, Aramesh, 2019, The best interest of the child in international human rights and Iranian law: a reflection on practice and theory, Comparative Law Research Quarterly, Volume 24, Number 2, 139
  18. Moqdadi, Mohammad Mahdi, 2013, the place and effect of expediency in child guardianship from the point of view of jurisprudence and law, Quarterly of the Social Cultural Council of Women and Family, 14th year, No. 54, 210-175.
  19. Najafi, Mohammad Hassan, 1370, Jawaharlal Kalam, Volume 31, 4th edition, Tehran, Islamia Bookstore publishing.
  20. National Judicial Votes System website https://ara.jri.ac.ir
  21. New family support law 2013
  22. Noorahmadi, Ansieh, Rizvani-Mofard, Ahmad 1401, Scope and basics of the right to education of children with disabilities in jurisprudence, international law and documents, jurisprudence and family law, period 27, number 77, 161-194.
  23. Parsapour, Mohammad Baqer, Nurbakhsh, Sosan, 2014, criteria for assessing the best interest of the child in Imami jurisprudence, Iranian law and the Convention on the Rights of the Child, Quarterly Journal of Comparative Islamic and Western Law, Qom University, second year, third issue
  24. Pirhayati, Masouma, Roshan, Mohammad, 1401, review of evidences of ijtihad of the principle of expediency in child custody based on Imami jurisprudence and Iranian law, Family Research Quarterly, 19th year, No. 73, 187-167
  25. Quran
  26. Rostami Najafabadi, Hamid, 1401, analysis of the concept of expediency and its application in Sharia punishments with a view to the Islamic Penal Code, Studies in Fiqh and Islamic Law, Year 14 - Number 28 - Pages 102-75
  27. Sadri, Seyed Mohammad, Arshdi, Mohammadyar, Badini, Hassan, Abbasi, Samin, 2013, Child Custody in Iran's Jurisprudence and Law and its Comparison with English Law, two quarterly scientific-research journals of Civil Law Science, third year, first issue.
  28. Saeedi, Alireza, 2013, comparative study of adoption in Iranian and English laws according to the new law on the protection of orphaned and abused children and adolescents approved on 7/10/ 2012, published master's thesis, Islamic Azad University, Quds Branch, Faculty of Law , Humanities
  29. Safai, Emami, 1395 Safai, Seyed Hossein, Emami, Asadullah, 1395, Summary of Family Law, Tehran, Mizan Publishing
  30. Shariati-Nasab, Sadegh, 1390, Ferzankhandagi, Tehran, Shahr Danesh Institute of Legal Studies and Research
  31. Shariati-Nasab, Sadegh, Sadeghi-Moghadam, Mohammad Hasan, 2013, comparative study of giving in adoption in Iranian and French law.
  32. The 1989 Convention on the Rights of the Child
  33. The Law on Protection of Unsupervised and Mistreated Children and Adolescents approved in 1992
  34. Unanimity Decision No. 22, Row 60/8 of the General Board of the Supreme Court, dated 4/6/1360
  35. Yazdi, Abu al-Qasim bin Ahmad, 1375, Translation of Sharia, Volume 2, Edition 2, Tehran, Tehran University Press
  36. Zargush-Nasab, Abdul-Jabbar, Bagheri, Parviz 2018, Study of adoption in the legal system of Islam, England and America, Comparative Research Quarterly of Islamic and Western Laws, 6th year, 1st issue, 86-57.
  37. https://www.farsnews.ir/news/13941223000382/

The concept of "interest" and its place in family law - the second and final part, the criterion of expediency; Absence of corruption or expediency?

  1. Adoption Act 1976
  2. Arfa Nia B, Jurfi H. Legal status of adoption in Iranian law,
    international regulations and conflict of laws. Journal of Free Legal
    Researches. 2015; 8 (28): 1-27.
  3. Child Welfare Information Gateway،2012Adoption Disruption And Dissolution
  4. Children Act 1989
  5. Children And Adoption Act 2002
  6. Evans, Alvin E, Testamentary Revocation by Adoption of a Child,1934.
  7. Gheera M, Jarrett T. Parental responsibility. House of Commons
    Library; 2011.
  8. Gilmore, Stephen, and Lisa Glennon, Hayes and Williams' Family Law, Oxford
    University Press, 2016, Oxford;
  9. Herring, Jonathan, and Rebecca Probert, Stephen Gilmore, Great Debates in
    Family Law, Macmillan International Higher Education, 2015, London
  10. Howell D. The Adoption and Children Act 2002: An Overview.
    2014. Available at: http://www.courtroomadvice.co.uk/.
  11. https://home-affairs.ec.europa.eu/networks/european-migration-network-emn/emn-asylum-and-migration-glossary/glossary/best-interests-child-bic_en
  12. https://ico.org.uk/for-organisations/childrens-code-hub/how-to-use-our-guidance-for-standard-one-best-interests-of-the-child/children-s-code-best-interests-framework/
  13. https://transparencyproject.org.uk/can-an-adoption-order-be-undone
  14. https://uk.practicallaw.thomsonreuters.com
  15. https://www.carlsonssolicitors.com/news/2023/02/09-child-arrangements-in-the-uk-understanding-the-best-interests-of-the-child-standard

https://www.humanium.org/en/the-principle-of-the-best-interest-of-the-child/

  1. Introduction to adoption support agencies July 2015, No. 090259،www.gov.uk/ofsted
  2. Julie D. Can an adoption order be undone?. Availbae at:
    http://www.transparencyproject.org.uk/. [17 June 2016].

Last updated on 2 March 2021

  1. Macrae،Sheena،Disruption & Dissolution: Unspoken Losses 2004،
  2. Rodgers, M.E. (2004) Understanding Family Law, London, Cavendish Publishing Ltd.
  3. Selwyn، Julie Wijedasa، Dinithi، Meakings، Sarah،2014Beyond The Adoption Order: Challenges, Interventions And Adoption Disruption
  4. Sloan B. Post-adoption contact reform: compounding the Stateordered termination of parenthood? The Cambridge Law Journal.
    2014; 73(2): 378-404.
  5. The principle of “the best interest of the child”

Understanding Adoption. Available at: http://www.familysolicitors.co.uk/Adoption. [17 June 2016]

  1. Wadlington, Walter J (1963), "The Adopted Child and Intra-Family Marriage Prohibition", Virginia Law Review, Vol. 49, No. 3, pp. 478-491. Available:https://www.jstor.org/stable/1071116

Written by Alexander Weihrauch,2021

  1. Www.Unic-Ir.Org/Hr/Convenantion-Child.Htm
Biannual Journal of Family Law And Jurisprudence
Volume 29, Issue 81
May 2024
Pages 37-68

Files

Share

How to cite

Statistics