Foster care, a new approach in Iranian legal system for ensuring the right to family for orphaned children and children without an effective guardian

Document Type : علمی - پژوهشی

Authors

1 Consultant of the National Body Child Rights, Ministry of Justice, M.sc in Private Law, Mofid University, Qom, Iran

2 Judge ,Head of the Judicial Complex for Child Protection of Tehran Prosecutor's Office,

Abstract

The right to family is considered a fundamental right for children, but orphaned and children without effective guardians are deprived of this right, and the state must seek to ensure this right for these children through alternative means. A descriptive and analytical review of the regulations in this area, along with a bibliographic study of the research conducted, has revealed that the Iranian legal system provides two solutions for this purpose: "reunification" and "adoption." However, there are several legal and procedural challenges that hinder the provision of this right to such children, including the requirement that at least two years must pass from the acceptance of a child without effective guardianship in welfare centers, the prolonged adoption process, and the stringent and extra-legal regulations of the welfare organization.

The protocol for foster care for orphaned and children without effective guardianship was approved in 2023 to establish the foster care institution, reducing the period a child spends outside the family environment, such as in welfare centers, to the minimum possible. According to this protocol, children without effective guardianship can enter the family environment from the beginning of the two-year period until reunification or adoption.

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