1. Objectifs

Intentions :
«Currently, intercountry adoption is not only criticized by many, but is also prohibited in some countries. For example, Afghanistan, Saudi Arabia, Bangladesh, Egypt, Pakistan, Iran, Iraq, Morocco, and Algeria prohibit adoption as defined by the Hague Convention on Adoption. […] However, this does not mean that Muslim law countries that prohibit adoption do not care for abandoned or orphaned children; indeed, other mechanisms ensure that the rights of those children are respected. One of these mechanisms is Kafálah [which] is defined […] as the ‘commitment to voluntarily take care of the maintenance, the education and the protection of a minor, in the same way that a father would do for his son’» (p. 106-107) «[A] person living in a country party to the Hague Convention on Adoption, wishing to ‘adopt’ a child from a country that only allows Kafálah, will most probably face a conundrum of difficulties. This is the situation that currently prevails in Québec.» (p. 107) «The authors’ goal is to present a comprehensive overview of the subject and to explore possible avenues that might offer a solution to the current situation prevailing in the province of Québec.» (p. 108)

2. Méthode

Échantillon/Matériau :
Données documentaires diverses

Type de traitement des données :
Réflexion critique

3. Résumé

«The article focuses only on the situation in Québec because, in recent years, it is the Canadian province that has produced the most jurisprudence on the matter.» (p. 108) «The legal situation is still unclear and the main victims remain the children themselves. One may ask how the situation should be resolved. [T]he most desirable option would be the legislative changes proposed by the Québec government that would allow children that have no filiation or are orphaned […] to be adopted in Québec even if they come from countries prohibiting adoption. However, one may see the legislative changes to the adoption regime as a way to bypass Québec’s obligations from the Hague Convention on Adoption. Others might also see these new rules has being discriminatory against Québécois of Muslim faith since it forces them to adopt a child even when their religion prohibits it. Therefore, the authors believe that the second most suitable solution would be for Canada and the provinces to negotiate an agreement with […] Muslim law countries in order to establish a legal process […] allowing children under Kafálah to live with their Kuffal in Québec and in the rest of Canada without having to adopt the child.» (p. 146)