Adoption

Adoption

Discussions surrounding adoption have a long history. Children are divine gifts who deserve special protection, and political considerations or legislative shortcomings should never overshadow their best interests and welfare.

It is an undeniable principle that the best interests of a child are closely linked to the interests of their parents. On this basis, the rights of adopted children and children without parental care are addressed. Adoption refers to the acceptance of a child as one’s own by individuals who do not have a biological parental relationship with that child.

Definition of Adoption Under Iranian Law

The Approach of Iranian Law to Adoption

The concept of adoption underwent significant changes with the enactment of the Law on the Protection of Orphaned and Illegally Supervised Children and Adolescents, which explicitly introduced the term adoption. Iranian law has established legal mechanisms for individuals seeking to care for children without guardianship, enabling qualified applicants, with the assistance of governmental institutions, to assume guardianship and provide support. The State Welfare Organization is the competent authority responsible for matters relating to the guardianship of orphaned and ill-supervised children and oversees all related procedures and coordination.

Who Is Eligible to Apply for Adoption?

Under Iranian law, applications for guardianship of children and adolescents are предусмотрed for three categories of applicants:

1. Married couples where at least one spouse is over 30 years of age and who have not had children after five years of marriage. If the duration of marriage is less than five years, a medical diagnosis confirming the impossibility of having children allows them to apply.
2. Married couples who already have children, provided that at least one spouse is over 30 years of age.
3. Unmarried women who are at least 30 years of age may apply to assume guardianship of children and adolescents.

Important Considerations Regarding the Above Applicants

Among these three categories, childless married couples have priority over unmarried women and married couples with children. Subject to the court’s discretion and the best interests of the child or adolescent, if relatives exist, priority for guardianship is given to the child’s family members. If an unmarried woman decides to marry, she is required to inform the court of the prospective spouse’s details. In addition, the State Welfare Organization must report the marriage to the court, which will review the case and decide whether joint guardianship should continue or be terminated. Unmarried women are only permitted to assume guardianship of female children over two years of age.

Requirements for Guardians

According to current Iranian law, applicants must meet the following conditions:

• They must not be legally incapacitated and must be capable of managing their financial and non-financial affairs with sound judgment.
• They must present a certificate of good conduct.
• They must be in good physical and mental health and capable of raising and caring for a child or adolescent.
• They must not be addicted to narcotics, alcohol, or psychotropic substances.
• They must possess moral integrity and adhere to one of the officially recognized religions in Iran: Islam, Christianity, Judaism, or Zoroastrianism.
• They must have adequate financial means and economic stability.

Conditions Relating to Children and Adolescents Eligible for Guardianship

Children and adolescents eligible for guardianship must be under 16 years of age and meet one of the following conditions:

• The identity of the father, mother, or paternal grandfather cannot be determined.
• The father, mother, and paternal grandfather have passed away.
• The child or adolescent has been placed under the guardianship of the State Welfare Organization by court order, and neither parent nor paternal grandfather has applied for guardianship.
• The father, mother, or paternal grandfather is deemed unfit to assume guardianship.

The Guardianship Process and Procedure

Today, adoption applications can be submitted online. Applicants may register their information and complete the required forms through the State Welfare Organization’s official website. Following registration, the applicant’s preliminary documents are reviewed and the applicant is referred to a counselor. If they meet the necessary conditions, they are placed on a waiting list for child selection.

Once the applicant’s turn arrives and a child or adolescent is selected, the court issues a temporary guardianship order for a period of six months. During this period, experts from the State Welfare Organization may visit the applicants’ residence before, during, or after the issuance of the temporary order to assess compliance with legal and welfare standards. During the six-month temporary guardianship period, the names of the guardians are not entered into the child’s birth certificate. If the required conditions cease to exist, the court may revoke the temporary guardianship order.

After the completion of the temporary guardianship period, the guardians may apply to the relevant registration authorities to have their names officially entered into the child’s birth certificate.

Frequently Asked Questions About Adoption