Gave his child to others to adopt and wants to take him back

15-11-2007 | IslamWeb

Question:

it's about adoption, after you give your child legally to some one, is it legaly possible to ask back the child after couple of years. now the child is so attached to the adopted parents and they are very caring. the biological mother now asking the baby back and left her husband and living with her parents and keeping her other two children with her. what the husband can do in this?

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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.

 

We have already issued Fatwa 84422 that adoption is prohibited in Islam, and man-made laws cannot forbid what is permissible and cannot permit what is forbidden. 

In case a man gives his child away to live with other people, he may take him back whenever he wishes because this is not included in the gift which one cannot take back, as the matter is about a human being. 

Therefore, we advise this man to take his child back and endeavour to bring his wife back to his home for family reunion, and he should fulfil his obligation towards his children as Allaah entrusted him to do so. He should also remember the saying of the Prophet : “All of you are guardians and all of you will be questioned about those under your guardianship.” 

Allaah Knows best.