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Fatwa CenterReturning an adopted child to an orphanage
Question
A couple who adopted a boy in Malaysia have simply returned him to an orphanage because they say they have not 'bonded' with him. The boy is just under 4 years old. He is legally adopted and has papers as an Irish Citizen as a result of his adoptive father's nationality. He is legally the son of this man. What is the view on returning this boy to an orphanage after having him in the family for over two years?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If this orphanage where you left this boy is a trustworthy organization, then you are not sinful, but if you fear any harm to the boy by leaving him there, then you are sinful.
In such a case, one is obliged to make things right by taking this boy away from this orphanage and give him back to his parents if they are known, or give him back to the institution where you took him from if it is a trustworthy organization.
If you found this boy [because he was thrown away in the street], you must protect him. Al-Baaji 
said: “If it was not possible to feed him from the (Muslim) treasury, then Imaam Maalik said that whoever finds a child, he has to provide for him until he reaches the age of puberty and becomes solvent, and he should not drive him away; since he picked him up, he is obliged to protect him and fulfil his needs.”
Finally, it should be noted that adoption is forbidden, and it is an obligation to put the matter back to reality, to name him after his father if the latter is known or to give him a general name such as naming him 'so and so' the son of 'Abdullaah.
For more benefit on the ruling of adoption, please refer to in Fataawa 84422 and 82371.
Allaah Knows best.
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