“Metafizika” Journal AcademyGate Publishing
Vol 8, issue 5, serial 33, 2025. pp.27-42 p-ISSN 2616-6879; e-ISSN 2617-751X
27
UDC: 7203.01
LBC: 63.3(2)6-7; 65.497; 71; 71.1
MJ № 309
10.33864/2617-751X.2025.v8.i5.27-42
LEGAL CONSEQUENCES FOR FOSTER CHILDREN IN THE
ALGERIAN PERSONAL STATUS LAW
Mounir Chemmam
Noureddine Hairech
Mohammed Amine Djeriou
Abstract. The purpose of this study is to explain the ambiguous legal points
of the status of the foster child (makfoul) under Algerian legislation. Although
the Algerian legislator has developed legal texts that provide protection for the
foster child, this protection does not address the issue of foster care (kafalah)
in all aspects, due to the existence of legal gaps that complicate the status of
the foster child before the Algerian administration and judiciary, and hinder
the progress of his interests. As a result, there is a lack of equality between
foster children and legitimate children in terms of the principle of protecting
the child's interest, whether from the material aspect, where the foster child is
deprived after divorce of the right to obtain maintenance to meet his needs, or
from the moral aspect, where he is deprived of the emotional relationship that
binds him to the foster spouse (kafile’s spouse), because there is no proof of
his legal capacity to request the right of visitation.
Keywords: Foster child, child protection, kafalah
Faculty of Law and Political Science, University of Mascara; Mascara, Algeria
E-mail: chemmam@univ-mascara.dz
https://orcid.org/0009-0002-7630-8856
Faculty of Law and Political Science, University of Mascara; Mascara, Algeria
E-mail: hairechnou@univ-mascara.dz
https://orcid.org/0009-0000-0306-6548
Faculty of Law and Political Science, University of Mascara; Mascara, Algeria
E-mail: mohammed.djeriou@univ-mascara.dz
https://orcid.org/0009-0004-1495-4208
To cite this article: Chemmam, M., Hairech, N., & Djeriou, M. A. [2025]. LEGAL CONSEQUENCES FOR
FOSTER CHILDREN IN THE ALGERIAN PERSONAL STATUS LAW. “Metafizika” journal, 8(5), pp.27-42.
https://doi.org/10.33864/2617-751X.2025.v8.i5.27-42
Article history:
Received: 15.06.2025
Accepted: 04.08.2025
Copyright: © 2025 by AcademyGate Publishing. This article is an open access article distributed under the terms
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