Morocco Kafala vs French Adoption: Legal Differences Explained

Kafala can be recognized by French authorities, but it is not equated with either simple adoption or full adoption. Legally, the person who takes in the child becomes their guardian, not their adoptive father or mother.

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Thus, the child taken in retains their links with their family of origin. The scope of kafala then depends on their family situation.

When it is an abandoned child, orphan or child with no known filiation, the measure produces effects in France comparable to those of guardianship. If the child’s parents are alive and their filiation is established, it can be equated with a total or partial delegation of parental authority.

Protecting the child without becoming their parent

The holder of kafala can therefore make decisions necessary for the child’s daily life, ensure their schooling and oversee their support. But the Moroccan decision does not automatically transform the relationship into adoptive filiation once the family is settled in France.

A judicial kafala is in principle recognized as of right on French territory. The family can nevertheless request its exequatur before the judicial court of the child’s place of residence. This procedure allows obtaining a French decision and more easily proving responsibility to the authorities, particularly for certain social benefits or a scholarship.

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Kafala also cannot be immediately converted into French adoption. A Moroccan child born abroad cannot, in principle, be adopted in France as long as their personal law prohibits this adoption. A process may become possible later if the child acquires French nationality, but it remains subject to several conditions and never automatically results from kafala.