adoption in Morocco

December 1, 2016

Latifa, you didn't really give enough information for me to provide you with advice.

Are you and your son Moroccan citizens and living in Morocco?

If you and your son are Moroccan citizens, you will need to go to a social services organization. The counselors there can help you think about whether you really need to relinquish your son; after all, he is at an age when many teens really need their Moms, even if they don't act like it all the time. If they determine that you really aren't able to parent at this time, for example because you don't have enough money to provide him with food and clothing, or because you are very ill, then they will help you look at options for placement elsewhere.

If you and your son are not Moroccan citizens, remember that a child normally must be adopted under the laws of his country of citizenship. So it may be difficult for you to make a plan for him.

No matter what your religion, remember that Morocco respects Shaaria, Islamic law. Shaaria does not define adoption the way most Western countries do. Under Shaaria, you don't really give up your parental rights and responsibilities when you place a child for adoption. The child retains your name, retains inheritance rights, and so on. Basically, another Muslim family assumes guardianship of the child, for as long as is necessary. In the West, we call this guardianship or foster care, because it may or may not be permanent. Under Shaaria, the foster family would consult you about how your son should receive religious instruction, and so on, and if it is in the best interests of the child, he could return to you at some point. So if you are interested in making a guardianship plan, the social services agency could assist you in finding an appropriate family for your son. You could also involve the imam at your mosque, who might know someone to help.

Now, you don't mention whether or not you are married at present. In any case, any decisions about guardianship would have to be approved by your son's father, as well. If you do not know who the father is, or if you have no idea where he is, at present, the social services agency or your imam could advise you on how to proceed.

Be aware that Morocco will give guardianship only to Muslim families. If you want an American Muslim family to take guardianship of your son, you could have difficulty, even though the family is Muslim. The reason is that, under U.S. law, an adoption visa is given ONLY if there is total and permanent relinquishment by the birthparents, and if there is a final decree of adoption that satisfies Western law, either in the foreign country or in the U.S. Since Morocco won't issue a Western-style final decree of adoption, the only way that you could get an adoption visa for your son would be for a judge in your country to issue an order of guardianship that makes it clear that your son will be adopted, according to Western law, when he reaches the U.S.

All in all, I'd suggest that you NOT look at an overseas adoption, but try to find a legal guardian for your son in your country, but talking to a social services agency or to your imam.

Sharon