How to take custody of a child + new rules

According to the judicial reporter of Fars News Agency, there is a law called “Protection of Unsupervised and Abusive Children and Adolescents”, approved in 2012, according to which some children, such as stray children whose parents are unknown, can be entrusted to other persons.

According to Article 1 of the law, the protection of children and adolescents without a guardian is entrusted to persons other than their parents with the permission of the legal guardian in order to provide for their material and spiritual needs.

Who can apply for guardianship of children and teenagers?

According to Article 5 of the Law on Protection of Children and Adolescents, in general, three categories of people can request guardianship of children and adolescents from the welfare organization.

One. A couple who have been married for five years and have not had children, provided that one of them is over 30 years old. Of course, it should be noted that if, according to the forensic organization, it is not possible for the couple to have children, the petitioners are exempted from the condition that five years have passed since their marriage; But another condition is that at least one of them must be over thirty years old.

two. A couple with children, provided that one of them is over thirty years old.

Three. Girls and women without a husband, if they are at least thirty years old. In this regard, it should be noted that girls and women without a husband will only have the right to take care of females.
If a woman has a husband and later becomes single due to a reason such as the death of her husband or a divorce, she can also take care of the female children by observing the conditions.

The law does not specify the maximum age for guardianship. But at least thirty years of age is required, both in the case of unmarried girls and women without a husband, who must be at least thirty years old, and in the case of couples who are guardians, and at least one of them must be over thirty years old.

Priority in accepting guardianship

One. According to Note 3, Article 5 of the Law on Protection of Children and Adolescents, first priority is given to couples without children, then to women and girls without husbands, and finally, couples with children. That is, under equal conditions, we first give custody of the child to the husband and wife without children. If a husband and wife without children do not apply for guardianship or do not have the appropriate conditions, we give the guardianship of the child to girls and women without a husband and without children, and if such a woman or girl is not suitable for guardianship or does not have the necessary conditions, we give guardianship to We give a couple with children.

two. Applicants under 50 years of age have priority over applicants who are 50 years and older under equal conditions. Therefore, it is true that the law has not set a maximum age for guardianship, but in equal conditions, it has given priority to those under fifty years of age, for example, if two women without husbands, one aged 40 and the other 52, apply for guardianship, the guardianship of the child is given to her. A woman is given who is 40 years old.

Three. If the guardianship applicant claims to find a child and his claim is proven in the court, if he meets the conditions listed in this guardianship law, he will be given priority for custody.

What conditions are necessary for supervision?

Guardianship applicants must meet the following requirements:

– Insistence on performing obligations and abandoning prohibitions; Therefore, it is not enough to be a Muslim, but the guardian must also be bound to perform religious duties and stay away from forbidden things. Of course, in this regard, it should be noted that if the child is not under the guardianship of a Muslim, the guardian may not be a Muslim, and believing in one of the religions specified in the Constitution of the Islamic Republic of Iran is sufficient.

It is mandatory to observe the religious commonalities between the guardian and the persons under guardianship; Therefore, the guardianship of a Jewish child and the guardianship of a Christian child are entrusted to the Christian guardian.

The guardianship of a Muslim child cannot be entrusted to a non-Muslim person in any way, but the guardianship of non-Muslim children and teenagers can be entrusted to a Muslim person in accordance with his interests.

– Lack of effective criminal conviction, according to the note of Article 4 of the Islamic Penal Code approved in 1392, effective conviction means a sentence that deprives the convict of social rights in accordance with the execution of the sentence based on Articles 25 and 26 of the Islamic Penal Code approved in 1392.

– financial ability.

– Absence of stone.

– The necessary physical and mental health and practical ability to maintain and educate children and adolescents under guardianship; For example, the guardian himself is not suffering from a physical illness, so that he cannot control and take care of the child according to the age of the requested child.

– Not being addicted to drugs, psychoactive substances and alcohol

– Moral competence, the applicant may be bound to fulfill obligations and abandon taboos, but due to reasons such as irritability and irritability, he does not have the appropriate morals to bear guardianship.

– Not having a contagious or incurable disease.

– Having Iranian citizenship.

Applicants cannot take care of more than two children and adolescents, except in cases where the children or adolescents under care are members of the same family.

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