Adoption under Algerian Legislation
- Ounissa MOHDEB, Juriste généraliste
- Apr 3
- 2 min read
Algerian Legislation on Adoption
Under Algerian law, traditional adoption, known as tabanni, is strictly prohibited in accordance with Article 46 of the Family Code and Islamic sharia law, due to its incompatibility with their principles.
Instead of adoption, Algeria recognizes kafala (legal guardianship), which is incorporated into the Family Code under Article 116:"Legal guardianship is the commitment to voluntarily assume responsibility for the care, education, and protection of a minor child, in the same manner as a father would for his son. It is established through a legal instrument."
The Alternative to Adoption (Legal Guardianship)
In Algerian law, kafala is an institution that allows for the protection and upbringing of a child without severing their biological lineage, in accordance with sharia principles.
It enables an individual or a couple to assume responsibility for a minor child by providing for their care, education, and protection, without establishing a legal parent-child relationship.
This alternative to traditional adoption is validated by a judicial or notarial authority, through which a person (the kafil) commits to taking care of a minor child (the makfoul).
This institution aims to protect the child while respecting Islamic principles that prohibit full adoption. As a result, the child retains their family name and biological lineage.
The Makfoul (Child under Kafala) and Inheritance Rights
In Algeria, the makfoul, a child placed under the kafala system (legal guardianship without adoptive parentage), has no inheritance rights, as inheritance is prohibited for them. Indeed, under the Algerian Family Code, kafala does not establish a legal parent-child relationship, which excludes the child from the legal inheritance of the guardian.
However, the makfoul may benefit from a donation (hiba) from their kafil (guardian). The kafil may transfer part of their estate to the makfoul through a testamentary bequest (wasiyya), within the limit of one-third of the estate, unless the legal heirs consent to a larger bequest.
This restriction stems from the principles of Islamic inheritance law applied in Algeria, which maintains a distinction between full adoption (which is prohibited) and the legal guardianship of kafala.
