Adoption and foster family in Islamic law in comparison with Turkish Civil Law

The protection and care of children who are either orphaned or, despite having parents, are deprived of proper care and supervision, is ensured in Turkish Civil Law through the institution of adoption. Adoption constitutes a family contract established between the adoptee and the adoptive parent, which may be formalized only with judicial approval. Applicants to the institution of adoption are generally individuals who have never had children, or who, after having one child, have not been able to have another. On the one hand, prospective adoptive parents seek to fulfill their longing for parenthood; on the other hand, they extend support to children deprived of the warmth and security of a family environment. Through the provision of a nurturing household, such children are afforded compensation for both material and emotional deficiencies, as well as access to the sociological and psychological support they require. In Turkey, various initiatives in this regard are being undertaken, and with the participation of volunteer families, the care and supervision of children are provided. The Ministry of Family, Labor, and Social Services conducts activities pertaining to adoption and foster family services. The purpose of this study is to elucidate the content of the institution of adoption and to highlight the similarities and differences between contemporary law and Islamic Law. In modern law, adoption is encouraged, and a wide range of means and services are made available to ensure the protection and care of children in need of guardianship. By contrast, Islamic Law does not recognize adoption in the same sense; rather, it addresses this need through alternative mechanisms. It is stated that a child adopted at a young age may remain with the family until reaching puberty, and if the child has been breastfed during infancy, a milk-kinship is established, thereby removing religious concerns regarding privacy and permissibility. This study is structured in two parts. The first part addresses the concept of adoption, its legal nature, historical development, types, conditions, and subject matter. It also examines the concept of foster families and the conditions required to become one. The second part outlines the stance of Islamic Law toward the institution of adoption, while the third part evaluates the practice of adoption within both Islamic Law and Turkish Civil Law.