A Comparative Study of Marriage of the Adopter with the Adopted Child in Islam, Law of Iran and French Law

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TABATABAEE MOHAMMAD SADEGH; Heidari Irani Hamed; JAFARI NAFISEH

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Paper Information

Journal: JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW Year:2019 | Volume:6 | Issue:1 (19) Page(s): 87-118

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Information Journal Paper

Title

A Comparative Study of Marriage of the Adopter with the Adopted Child in Islam, Law of Iran and French Law

Author(s)

TABATABAEE MOHAMMAD SADEGH | Heidari Irani Hamed | JAFARI NAFISEH | Issue Writer Certificate

Keywords

SupervisionQ1

Child AdoptionQ1

Blood RelationQ2

MarriageQ1

IntimacyQ1

Abstract

One of the important issues of adoption institute is supervisor’ s Marriage with adopted person. Although this subject is predicted in new Law on the Protection of Unsupervised and Bad-supervised Teens enacted in 2013, because of the silence of its executive regulation and disapproval of especial executive regulations in this regard, as well as the moral and social consequences of considering it as an absolute possibility, there is disagreement in practical precedent of judicial courts in this respect. In French law, Child Adoption is divided into two categories namely perfect and simple ones for each of which there are certain governing provisions. Perfect adopted child has no difference with real child in respect of Marriage obstacles and simple adopted, although is prohibited from marrying his/her adopter, but in some cases can marry some family members of the adopter. In this article the possibility of Marriage of unsupervised individuals with their supervisors is examined in French and Iranian laws and at last it is concluded that the Marriage of adopted and adopter is prohibited in law of France. While, in Iranian law, paying attention to jurisprudential orders, Arts. 1045-1049 of the Iranian Civil Code and non-exhaustiveness of Marriage obstacles, this Marriage is not prohibited; however, note of Art. 26 of the aforementioned law (2013) has subjected this Marriage to the permission of a competent court and observing the adopted child’ s interest. In this regard, in order to preventing ill consequences of such a Marriage, the mechanism of governing or secondary orders can be applied for its absolute prohibition.

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APA: Copy

TABATABAEE, MOHAMMAD SADEGH, Heidari Irani, Hamed, & JAFARI, NAFISEH. (2019). A Comparative Study of Marriage of the Adopter with the Adopted Child in Islam, Law of Iran and French Law. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, 6(1 (19) ), 87-118. SID. https://sid.ir/paper/373161/en

Vancouver: Copy

TABATABAEE MOHAMMAD SADEGH, Heidari Irani Hamed, JAFARI NAFISEH. A Comparative Study of Marriage of the Adopter with the Adopted Child in Islam, Law of Iran and French Law. JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW[Internet]. 2019;6(1 (19) ):87-118. Available from: https://sid.ir/paper/373161/en

IEEE: Copy

MOHAMMAD SADEGH TABATABAEE, Hamed Heidari Irani, and NAFISEH JAFARI, “A Comparative Study of Marriage of the Adopter with the Adopted Child in Islam, Law of Iran and French Law,” JOURNAL OF COMPARATIVE STUDIES ON ISLAMIC AND WESTERN LAW, vol. 6, no. 1 (19) , pp. 87–118, 2019, [Online]. Available: https://sid.ir/paper/373161/en

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