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Jurisprudential and Legal Restrictions on Adopted Children and Foster Parents with a View to the Educational and Social
Consequences of Adoption
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Sayed mohammad Keykavosi *    , Mohammad ali Barghi , Maral Jafari Qazi Jahani |
| Memorial Unit of Imam Khomeini (RA) Shahrari & Islamic Azad University, Tehran, Iran |
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Abstract: (49 Views) |
Background and Aim: Background and Objective: Adoption is a signed decree in which the adoptive parent assumes custody of a child, thus creating a kind of legal kinship between the parties and establishing an artificial father-child or mother-child relationship. Although this issue has long been a social challenge, it is still of concern due to the increase in infertility in recent decades and the tendency of families to adopt neglected or orphaned children. It also has legal and social limitations; the extent to which these challenges and limitations can be resolved will be the subject of the present study.
Method: Therefore, the present study, using a descriptive and analytical method and utilizing library resources, examines the jurisprudential and legal dimensions of the issue and explains appropriate solutions to overcome the limitations.
Results: Despite its positive social effects, adoption has religious and legal limitations, such as the sanctity resulting from the lack of relative and causal kinship, the lack of alimony, or the lack of inheritance relationship between the parties; therefore, if the aforementioned limitations are ignored in any way by the parties - especially the adoptive parent - not only will the issue be beyond the scope of religious and legal prescription, but it will also result in maleducation, social, and psychological consequences for the adopted child, such as obscenity, a tendency toward prostitution and wrongdoing, and irresolvable disputes with the heirs.
Conclusion: The issue of lack of privacy between the parties can be resolved by assigning the custody of children over two years of age to single women and men, observing gender equality. Also, if moral and educational standards are observed, consequences such as strengthening and developing a sense of responsibility, meeting psychological and material needs, and respecting the human personality of the adopted child will be achieved.
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| Keywords: Adoption, Child Rights, Maltreated Children, Educational and Social Foundations |
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Full-Text [PDF 527 kb]
(45 Downloads)
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Type of Study: Original Article |
Subject:
General
Received: 2024/03/3 | Accepted: 2024/06/5
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