She takes in an abandoned little girl in Morocco: France demands €4,710 from her

The little girl, born on 28 November 2022, had been declared judicially abandoned. On 29 February 2024, the Meknès Court of First Instance entrusted her kafala to the woman and her spouse, charging them with ensuring her upbringing.

After requesting that the child be added to her household and taking adoption leave, the woman received daily benefits from 2 April to 16 July 2024. But on 22 July, the CPAM informed her that the Moroccan decision did not make her eligible for compensation for this leave.

On Bladi.net : Morocco Kafala vs French Adoption: Legal Differences Explained

The very next day, the fund demanded €4,737.14 from her. After several deductions from her benefits, the amount remaining to be repaid was reduced to €4,710.99.

The woman challenged this decision. She explained that she would never have taken this leave if the CPAM had not previously given her a favorable opinion. She also stated that she had begun proceedings to obtain full adoption.

Kafala is not adoption in France

In its judgment of 12 February 2026, published on Judilibre, the Saint-Étienne Judicial Court recalled that adoption leave is reserved for parents who have adopted a child or taken one in with a view to adoption.

However, Moroccan law prohibits adoption as it exists in France. Kafala makes it possible to take responsibility for, protect and raise a child, but it does not create a parent-child relationship. In this case, the Meknès order granted the couple the status of guardians and produced the effects of a delegation of parental authority.

The court therefore concluded that the little girl had neither been adopted nor entrusted to the couple by the Moroccan authorities with a view to adoption. Subsequent steps to obtain full adoption were therefore insufficient to retroactively establish entitlement to compensated leave.

On Bladi.net : Kafala in France: family reunification is a right for Algeria, but not for Morocco

This difference in status regularly has significant consequences for families who have taken in a child in Morocco. Kafala may be recognized in France and even subsequently facilitate the child’s access to French nationality, without automatically becoming an adoption.

The woman was ultimately ordered to repay €4,710.99 to the CPAM and to pay the legal costs. The court invited her to request a payment schedule to spread out the repayment. As the decision was issued at last instance, it can be challenged only before the Court of Cassation.