France Kafala Ruling Simplifies Citizenship for Moroccan Children

The First Civil Chamber rejected, on January 21, 2026, the appeal filed by the public prosecutor of Douai concerning a young woman born in Morocco in 2000 and taken into care in 2013 by a French couple. The authorities disputed her citizenship, arguing that her placement did not result from a conventional judicial decision, but merely from a notarized deed.

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For the senior judges, the approval of the deed by the Oujda Court of First Instance was decisive. Since the Moroccan judge had ensured that the placement complied with the child’s best interests and did not violate public policy, the deed was “deemed equivalent to a court decision” within the meaning of Article 21-12 of the Civil Code.

This decision strengthens the rights of minors taken into care by French families abroad. The Court emphasized that the Moroccan judicial process, involving three judges and the seal of the Kingdom, provided the necessary safeguards, thereby validating a continuous and effective educational relationship of more than three years on French soil.

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This ruling provides the legal certainty expected by families involved in kafala proceedings. By recognizing the judicial value of these approved deeds, the French justice system simplifies the integration of foreign minors raised by French parents, putting an end to an administrative uncertainty that had affected many cases.