Methods of Fostering Orphaned Children and Children with Unqualified Parents in Iranian Law
Subject Areas : child rights
1 - Assistant Professor, Department of law, Mashhad Branch, Islamic Azad University, Mashhad, Iran
Keywords: State welfare organization, Child custody, Foster family, Child with unqualified parents, Paternal authority ,
Abstract :
Protecting children at risk is one of the most important issues of child rights under international and regional conventions and domestic laws. The principle accepted in family law is the parent's priority for child custody. However, if the child’s welfare requires, one way of protecting children with unqualified parent(s) is to keep them in a safe environment outside the family by qualified persons or public or private entities and institutions. In this way, the ultimate goal is to restore parental ability, rebuild family relationships and provide the opportunity for the child to return to the family. This study uses library resources, laws, regulations and interviews with experts and professionals of Behzisti (State welfare organization) and judiciary to try to identify different ways of providing administrative and judicial support to orphaned or abandoned children In order to provide effective guardianship and care for them. According to current laws and regulations, in case of guardianless or neglected child, caring for him/her would be in a family setting and otherwise in a residential child care community. In addition to restoring family competence, the independence of the supported child also terminates the intervention of public institutions to support children and adolescents without effective guardian. Undoubtedly, the successful return of the child to the original family requires a gradual and supervised process as well as eliminating the existing family problems.
. Movaghar M, Mirzahasani H, Zargham Hajabi M. Predicting Depression based on social support and cognitive factors in orphan children. Refahj. 2020; 19 (75):183-202.
. Mohseni E, Karimi A. The obstacles to the exercise of child custody in Iranian and French law, Journal of law and Islamic jurisprudence, Tehran, 2014; 47(2): 303-326.
. Salehi HR, Rezaei F, Baqeri-Motlaq N. The Role of the Welfare Organization in the Process of Guardianship of Poorly Supervised or Neglected Children and Adolescents, Family law and Jurisprudence Journal, 2020; 25(72): 77-97.
. Bigdeli S, Sahranavard A. The Conflict between Prosecuting Attorney and None Judicial Agencies Role in Protecting Incompetent’s Rights, Journal of private law research, 2013; 1(3): 95-123.
. Hedayat H, Hashemi SH. The Necessity of Family-Centered Cares for Child Victim and Its Exceptions (With Emphasis on Iranian legal System), Criminal law Journal, 2017; 5(19): 127-163.
. Statistical Yearbook of the State Welfare Organization, Department of Statistics, 2019.
. Safai H, Emami A. Brief Family Law. Tehran: Mizan publication; 2014.
. Safai H, Qasemzadeh M. Persons and incapables. Tehran: Samt publication; 2017.
. Razzaqi R. Care and empowerment of children away from home. Tehran: Arjmand publication; 2017.
. Razzaqi R. An overview of adoption. Tehran: State welfare organization of Iran; 2006.
. Rezai F, Nasr V, Alvand H. The rights of children without legal guardian. Tehran: State welfare organization of Iran; 2009.
. Katouzian N. Family law. V. 2. Tehran: Enteshar publication; 2010.
. Katouzian N. Civil Code in the current legal order. 4th ed., Tehran: Mizan publication; 2020.
. Valikhani A. Judicial administrator. Tehran: Jangal Publication; 2018.
. Attias D, Khaiat L. Le placement des enfants. éditions érès. Toulouse (France); 2014. p. 339-345.
