Adopting children from other countries can be a complex process. It is also one that can sometimes end in heartbreak for those who may be forced to return a child as a result of them being unaware of the laws and customs in other countries.
Adopting a child from a Sharia country is more complicated than most due to strict rules that place restrictions on the rights of adoptive parents. In Sharia Law, biological parents always have the final say when it comes to their children which means those seeking to adopt a child must become guardians. Biological parents will continue to have legal rights over the child and there will often be a form signed to ensure this is the case before a child is handed over.
Under what is known as the kafala system, biological parents can request that their child can be returned to them even when the child has settled in with their adoptive guardians. Complications don’t end there however.
UK nationals will need to seek permission from the local authority for the child to enter the UK and proof must be provided that the child is being brought in under a private fostering arrangement or as a Kafala child.
a special guardianship order under the Children Act 1989 will need to be obtained so that adoptive parents will be able to take responsibility for the child.