Kafala in Morocco: conditions and procedure

What kafala is

Kafala is a commitment to take charge of the protection, education and support of an abandoned child. It does not create parentage and does not, on its own, give inheritance rights; the child can however receive gifts or a bequest, within legal limits.

It concerns children declared abandoned by a court decision, following a procedure supervised by the public prosecutor.

Who can apply

Applicants must not have been convicted of offences against morals or against children, nor suffer from a contagious illness or one preventing them from fulfilling their responsibility.

• A married Muslim couple, of age, morally and socially fit, with sufficient means.
• A Muslim woman meeting the same conditions.
• Recognised public institutions and associations working in child protection.

The procedure

The application is filed with the guardianship judge where the child lives, with documents establishing the applicants' situation. An inquiry is made into their living conditions, then the judge issues an order entrusting the child to them.

The kafil then acts as guardian of the child. The guardianship judge monitors the kafala and can end it if its obligations are not met.

Kafala and moving abroad

A kafil who wishes to settle outside Morocco with the child must obtain the guardianship judge's authorisation. Recognition of kafala in the host country varies from one state to another, and should be looked into before leaving.

The firm's view

Kafala is a long process, but a well-structured one. A complete file from the outset avoids back-and-forth with the court.

Maître Malak Elimani assists families with kafala applications, in Morocco and for Moroccans living abroad. This article provides general information and is not a substitute for legal advice.