New law enhances legal safeguards in foster care for abandoned children

Tuesday 15 April 2025 - 08:38

By: Zahouani Ilham

New law enhances legal safeguards in foster care for abandoned children

On Monday, Morocco’s House of Representatives unanimously passed Bill No. 5.171.22, which amends Article 19 of Law No. 15.01 concerning the foster care (kafala) of abandoned children.

The bill, initiated by the Socialist Opposition Group Ittihadie, aims to give individuals seeking to foster abandoned children the right to comment on reports compiled by relevant authorities during investigations and assessments required by law.

During a legislative session, Mustapha Baitas, Minister Delegate in charge of Relations with Parliament and Government Spokesperson, stated that these reports help judges decide whether to revoke a foster care agreement. The new measure strengthens the foster guardian’s right to a fair trial and legal defense.

Baitas noted that the bill had already been reviewed during the Government Council meeting on December 29, 2022. A procedural addition was made to require juvenile court judges to hear from the foster guardian before deciding on revocation. This guarantees their constitutional rights, as outlined in Articles 23 and 120.

He further emphasized that while children under foster care must be protected legally and judicially, the law should remain flexible. In urgent cases, especially when swift judicial action is necessary to protect the child, the obligation to hear the foster guardian might be relaxed.

However, Baitas warned that this procedural requirement could delay the process and harm the child’s best interest, particularly if the foster guardian lives abroad or cannot be summoned.

To maintain a balance between the foster guardian’s rights and the child’s well-being, the bill allows judges to revoke a kafala without hearing the guardian when necessary.