Unknown ratios and scope of respons Civil liability for their protection A comparative study))

Abstract

The research sheds light upon the term [Majholi Alneseb] “orphans without surname” and its conceptual usage in the legal system. The research also depicts how the two countries, France and United Arab Emirates, legislate laws and rules for adopting and sponsoring orphans by families that have no connection to the orphan. In the two countries, the adoption rules and laws allow a family to adopt a child who is not biologically related to the family and these rules also allow making the orphan as one of its members. But if we make deeper insights into the laws of the two countries, there are considerable differences. As for the French law, [the orphan] can hold the surname or the title of the adopting family; consequently, he/she makes genetic contribution to its genetic formula. The French law makes the orphan’s birth certificates untraceable for his/her origin. But for the United Arab Emirates, the adopted child will be sponsored without holding the surname of the adopting family and the orphan will not make any intrusion in the genetic system of the adopting family. This research tries to focus on the above mentioned issue, and at the same time, it shows the responsibilities of the legislated systems of the two countries to protect and secure the rights of orphans in the community within the frame work of the Federal Law No: 1. 2012.