The most comprehensive compilation of information on the status of
women in the world.

Latest items for CUST-LAW-4

July 6, 2018, 6:49 p.m.
Countries: Uruguay
Variables: CUST-LAW-4

"Act No. 18590 (2009) modifies the adoption provisions of the Childhood and Adolescence Code, allowing for adoption by spouses or common-law spouses of the same sex" (page 38).
June 26, 2018, 9:09 a.m.
Countries: New Zealand
Variables: CUST-LAW-4

"The Marriage (Definition of Marriage) Amendment Act 2013 has meant that married same-sex couples are recognized as ‘spouses’ under the Adoption Act 1955 and therefore are eligible to jointly adopt a child. In December 2015 the High Court ruled that same-sex couples could legally adopt children. On 7 March 2016 the Human Rights Review Tribunal (HRRT) released its decision regarding a claim lodged by Adoption Action Inc. The HRRT declared that a number of provisions of the Adoption Act 1955 are inconsistent with the right to freedom from discrimination affirmed by section 19 of the New Zealand Bill of Rights Act 1990. The HRRT also declared section 4(1) of the...more
March 20, 2018, 1:29 p.m.
Countries: Gambia
Variables: CUST-LAW-4

"The Committee notes that many provisions of the Convention have been incorporated into national law through the adoption of relevant legislation, in particular the Women’s Act in 2010. It remains concerned, however, that the legislation does not adequately address female genital mutilation, marital rape or child marriage. It also remains concerned about the constitutional provision under which the prohibition of discrimination does not apply in respect of adoption, marriage, divorce, burial and devolution of property upon death and the fact that these issues are regulated under personal law, which contains discriminatory provisions, some of which are re-enacted in the Women’s Act. The Committee recommends that the State party: (a) Harmonize...more
Feb. 14, 2018, 11:45 a.m.
Countries: Palestine
Variables: CUST-LAW-4

"The Islamic sharia favours a foster care system over adoption. There is no legal bar to a woman being a foster parent. In most cases, foster children are related to their foster parent, whether a man or a woman, but they keep their original names. The foster care system approved by the Cabinet in 2013 treats men and women the same. It stipulates that the foster family seeking the right to care for and raise the child should be stable and contain two spouses living together. The foster care situation only ends if both parents die. That is to say that the mother retains the right to care for the...more
Sept. 17, 2016, 8:36 p.m.
Countries: Barbados
Variables: ADCM-LAW-1, CUST-LAW-4

"Married women continue to have equal rights with regard to guardianship, trusteeship and the adoption of children, and single women can and do adopt children" (44)
Aug. 23, 2016, 8:26 a.m.
Countries: Serbia
Variables: CUST-LAW-4

"Other changes [made by the new family code] included the decriminalization of adultery and a streamlining of divorce, which is now accepted under one of two conditions: either a divorce by mutual consent of both spouses, or a divorce resulting from the breakdown of the marriage" (1086)
July 26, 2016, 4:31 p.m.
Countries: Argentina
Variables: CUST-LAW-4

"Article 315.- People who fulfill the prerequisites established by this code can adopt, regardless of their marital status, as long as they can provide indubitable proof that they have resided permanently in this country for at least 5 years before starting the adoption process" (79). This was translated from Spanish to English by CCR. (MLFD - CODER COMMENT)
July 26, 2016, 2:43 p.m.
Countries: Germany
Variables: CUST-LAW-4

"Single parents, unmarried couples and same sex couples can adopt a child as of 2016." This was translated from German to English by CCR. (MLFD - CODER COMMENT)
July 26, 2016, 2:30 p.m.
Countries: Germany
Variables: CUST-LAW-4

"When someone is not married, they can adopt a child alone" (para 1741). This was translated from German to English by CCR. (MLFD - CODER COMMENT)
Feb. 26, 2016, 10:59 a.m.
Countries: Croatia
Variables: CUST-LAW-4

"Concerning provisions on adoption and custody, the Family Act does not make gender distinctions. Adoption is permitted for marital couples, for one marital partner if the other marital partner is a parent, and for one marital partner with the consent of the other martial partner. A child may be adopted by a single parent too if this benefits the child. Pursuant to the provisions of the Family Act, the status of adopted children is identical to the status of biological children. Legal provisions on custody do not differentiate between genders" (60)
Feb. 18, 2016, 4:31 p.m.
Countries: Senegal
Variables: CUST-LAW-4

"An adopted child shall take the name of the adoptive parent only in the case of full adoption. The child shall keep the name of his or her family of origin in the case of limited adoption. Article 224 of the Family Code addresses fairly the conditions for adoption, stating that 'the adoption may be requested jointly by both spouses, who have been married for five years and are not legally separated, and of whom at least one is 35 years old, or by one spouse if it concerns the children of the other spouse'. Article 230 states that 'when the parentage of a child is established with respect to...more
Jan. 15, 2016, 3:36 p.m.
Countries: Ghana
Variables: CUST-LAW-4

"Section 66. Application for adoption. (1) An application for an adoption order may be made jointly by a husband and his wife to adopt a child. (2) An application for an adoption order may be made by the mother or father of the child alone or by either of them jointly with a spouse. (3) An application for an adoption order may be made by a single person subject to the provisions of this Sub-Part except that this shall only apply to a citizen of Ghana and with due regard to the best interest of the child... (2) A male applicant shall only be granted an adoption order if the...more
Jan. 15, 2016, 2:13 p.m.
Countries: Georgia
Variables: CUST-LAW-4

"Ms. Sanikidze did not set out to be a specialist in children with Down Syndrome, although, as a medical practitioner, she was familiar with the disability. She has one biological son, now 15, whose father left when she was pregnant. Her son was 10 years old when she became a foster parent to Ilya, then a newborn...By the time Ilya was 3, he and Irma had bonded so deeply that she adopted him. Today, Ilya helps with the younger children, as does her older son" (Para 10, 12)
Jan. 14, 2016, 1:30 p.m.
Countries: Cameroon
Variables: CUST-LAW-4

"A single person who wishes to adopt a child must be at least 40 years old; a couple must have been married for at least 10 years and at least one of the couple must be 35 years or older. The woman must be incapable of bearing children and the adopter must always be at least 15 years older than the child. Full investigation of the background of the applicants is undertaken and a guarantor is also required" (1)
Jan. 14, 2016, 1:18 p.m.
Countries: Burundi
Variables: CUST-LAW-4

"Peut adopter, toute personne âgée de 30 ans au moins, de l’’un et de l’’autre sexe, mariée, célibataire, veuve ou divorcée. Cette condition d’’âge n’’est pas exigée en cas d’’adoption de l’’enfant du conjoint" (49). All persons aged 30 years or younger, of either sex, married, single, widowed or divorced, can divorce. The age requirement is not necessary in the case of the adoption of the child of a spouse (Coder Comment - RMH)
Jan. 13, 2016, 5:26 p.m.
Countries: Bangladesh
Variables: CUST-LAW-4

"Muslim personal law as applied in Bangladesh does not yet permit adoption" (14)
Jan. 5, 2016, 11:30 a.m.
Countries: India
Variables: CUST-LAW-4

"Under the Hindu Adoption and Maintenance Act, 1956, the wife did not have the right to adopt on her own without the consent of the husband. Recently, the Act was amended to give equal rights of adoption to married women. However, if a couple has a child of one sex, they can only adopt a child of another sex. Under Muslim personal law, as interpreted by the courts in India, adoption is not allowed. Other communities like Christians and Parsis also cannot adopt a child, as no secular law of adoption exists" (133-134). "However, with the enactment of the Juvenile Justice Act (JJA) in 2000, every person – regardless of...more
Nov. 26, 2015, 12:32 a.m.
Countries: Solomon Islands
Variables: CUST-LAW-4

"Women have equal rights to guardianship, wardship, trusteeship and adoption pursuant to the Adoption Act 2004. Custom adoption is recognised to be regulated by customary law" (84)
Sept. 23, 2015, 7:08 p.m.
Countries: Germany
Variables: CUST-LAW-4

“With the Act to Revise the Registered Partnership Act, dated 15 December 2004 (Law Gazette I, p. 3396), in force since 1 January 2005, further forms of discrimination against homosexual partners were abolished. The goal of the act is to bring the laws governing registered partnerships more into line with similar provisions pertaining to married partners, particularly with a view to…allowing registered partners to adopt stepchildren” (71)
Sept. 17, 2015, 2:46 p.m.
Countries: Moldova
Variables: CUST-LAW-4

"Both Single women and married couples may adopt. The general rule is that parents must be married a minimum of 1 year. A general but somewhat flexible rule is that parents should not be more than 50 years old, but there must not be more than 48 years difference in the ages of the adult and the child" (4)
Sept. 3, 2015, 6:27 p.m.
Countries: Vietnam
Variables: CUST-LAW-4

"If an adopted child is a child of only one person, the other does not have to fulfill his/her regulated responsibilities of the parents after divorce” (130)
Aug. 19, 2015, 1:54 p.m.
Countries: Qatar
Variables: CUST-LAW-4

"Adoption is incompatible with the duty to preserve clear lines of filial descent under the sharia. Hence, it is prohibited under Islamic law, which does not allow for a child or a person of unknown parentage to be recognized as the offspring of anyone other than his or her biological father or parents. However, the sharia does provide for an alternative to adoption — kafalah — an arrangement whereby a family or family members who meet given conditions and criteria can care for children of unknown parentage under the supervision of the Qatar Foundation for the Welfare of Orphans. The children keep their own name or, in the case of...more
Aug. 12, 2015, 4:07 p.m.
Countries: Iraq
Variables: CUST-LAW-4

"Iraq has no system of adoption as such, because Islamic Shariah does not recognize adoption. However, the Juveniles Welfare Act, No. 76 (1983, amended), provides a system of fostering, which permits both spouses to apply to the juvenile court to foster a young orphan or child of unknown parentage. However, if one of the spouses changes his mind during the trial period, the court will annul the fostering ruling, as the law treats both spouses equally" (62)
July 31, 2015, 9:26 p.m.
Countries: Iraq
Variables: CUST-LAW-4

"Iraq has no system of adoption as such, because Islamic Shariah does not recognize adoption. However, the Juveniles Welfare Act, No. 76 (1983, amended), provides a system of fostering, which permits both spouses to apply to the juvenile court to foster a young orphan or child of unknown parentage. However, if one of the spouses changes his mind during the trial period, the court will annul the fostering ruling, as the law treats both spouses equally" (62)
July 11, 2015, 12:36 p.m.
Countries: Oman
Variables: CUST-LAW-4

"Adoption, by which is meant establishing a relation of kinship between a foundling and its non-natural parents, is unacceptable under the Islamic sharia and Omani law. Lawful marriage is the only framework for the parent-child relation. As an alternative option, Omani law recognises the foster-family system, which is the raising of a foundling by those with the wish and ability to do so, in the interests of the child, whether male or female, but without the child acquiring kinship or the family name" (39)
May 6, 2015, 1:54 p.m.
Countries: Bahamas
Variables: CUST-LAW-4

"According to section 74 of the Matrimonial Causes Act, Chapter 125, the court may make such order as it thinks fit for the custody and education of any child of the family who is under the age of 18 but in practice women usually obtain custody of children" (49)
April 21, 2015, 6:04 p.m.
Countries: Saudi Arabia
Variables: CUST-LAW-4

"The Ministry of Social Affairs has banned Saudi families from adopting Syrian or other foreign children. 'The ministry does not sponsor Arab children who lost their parents in conflicts, such as in Syria and Iraq. There are global humanitarian organizations that deal with these cases,' said Latifah Al-Tamimi, director of social supervision at the ministry in the Eastern Province. However, the ministry does support children of marriages between foreign women and Saudi men, providing them full rights as citizens, she was quoted as saying in a local publication on Thursday. On a related matter, she said that Saudi families recently adopted 560 Saudi orphans. These orphans are entitled to birth...more
Oct. 21, 2014, 10:47 a.m.
Countries: India
Variables: CUST-LAW-4

"The Supreme Court today ruled that Muslim personal law or any other religious code could not prohibit adoption by childless couples as such a right is vested in every Indian under the Juvenile Justice (JJ) Act. "TThe court, however, rejected a plea for adoption to be declared a fundamental right. A three-judge bench of Chief Justice P. Sathasivam and Justices Ranjan Gogoi and Shiv Kirti Singh said the provisions of the JJ Act on adoptions would prevail over all personal laws because adoption was a matter of personal choice and there was no compulsion to adopt a child" (para. 1-3). "According to central figures, 19,884 adoptions were registered in the...more
Oct. 16, 2014, 4:31 p.m.
Countries: Serbia
Variables: CUST-LAW-4

"Single women (as well as men) can adopt a child only in special cases and under specific circumstances. According to the provisions of the Family Law, a child can be adopted by spouses or common-law partners together, or by a person who is a spouse or a common-law partner to the child’s parent. A person living alone can be granted the right to adopt a child only exceptionally, in case of special and justifiable reasons, and such permission can be issued by the minister in charge for family protection. Only one to three single women per year gain permission to adopt, which shows very restrictive state policy when it comes...more
May 6, 2013, 8:27 p.m.
Countries: Bulgaria
Variables: CUST-LAW-4

"Both the previous framework and the new Family Code does not draw any distinction between a man and a woman for the purposes of adoption, tutorship and curatorship with regard to children" (58)