Adoption in Tunisia

Tunisian law permits adoption. It is the only law, among those of the Arab and Muslim countries, to allow it.

In Tunisia, adoption has the same effects as filiation. The adoptee becomes the child of the adopter and loses their ties with their parents prior to the adoption.

Adoption is open without any condition as to the adopter’s nationality. A foreign national may therefore apply to adopt a Tunisian child.

No religious condition is laid down: that is the position under the law. For a time, judicial practice imposed a religious condition on adoption, requiring the adopter to be Muslim or to prove their conversion to Islam, but it has abandoned it.

Conditions relating to the adopter:

• having reached the age of majority and enjoying full civil capacity;
• the adopter may be of either sex;
• being married; the adopter’s spouse must consent to the adoption. Where the child’s interests so require, the judge may exempt a widowed or divorced adopter from the marriage requirement;
• being of good character, of sound body and mind, and able to provide for the adoptee’s needs.

Conditions relating to the adoptee:

• being a minor;
• the adoptee may be of either sex.

Condition common to the adopter and the adoptee: there must be an age difference of at least fifteen years between the adopter and the adoptee, except where the adoptee is the child of the adopter’s spouse.

Adoption is granted by a judgment. It is preceded by an administrative and judicial investigation phase, involving specialist institutions to ensure that the child’s interests are safeguarded.

The length of the adoption procedure is intended to safeguard the child’s interests. The court procedure itself is simplified, and adoption judgments are not open to appeal or to any other form of challenge.

Once granted, an adoption is irrevocable. However, some judgments have revoked adoptions in cases where serious harm to the interests of the adopted child had been established.