Check Jurisprudence and Legal Guardian of the Child Marriage

Subject Areas : All jurisprudential issues

Mojde Zafari ¹ , Mahdi Khodaei ²

1 - دانش آموخته کارشناسی ارشد دانشگاه خوارزمی، رشته فقه و مبانی حقوق اسلامی، کرج، ایران
2 - گروه حقوق، واحد کرج، دانشگاه آزاد اسلامی، کرج، ایران

Received: 2015-05-06 Accepted : 2015-05-25 Published : 2015-07-23

Keywords: Unsupervised Children, Adoption, Adopted Child, Guardian, marriage,

Abstract :

Adoption is a legal institution under which a legal relationship between the spouses or the single guardian is created with the adopted child. In Iran, the law to protect unsupervised children was passed in 1974, and this law with the new title "Law for the Protection of Children and Adolescents, Orphans or with Irresponsible Parents" was amended and the former Act was repealed in 2013. According to this law, families without children or single women over thirty years old can adopt children or teens, either orphans or with irresponsible parents, if the conditions prescribed in the Act are provided. licensing the marriage between the guardian and the adopted child expressed in Article 26 of the same law, are Among the defects and problems of this law which are in conflict with the main purpose of this Act, in Article 1, the material and spiritual needs of children and adolescents.