A READING OF EXECUTIVE DECREE NO. 20-223 ON CHANGING THE SURNAME AND ITS RELATION TO ADOPTION IN ALGERIAN LAW
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Abstract
Executive Decree No. 20-223, issued in August 2020, aims to reinforce legal protection for fostered children, particularly those of unknown parentage. This is reflected in the facilitation of procedures for granting a family surname without affecting their legitimate lineage if known. This decree reflects the Algerian legislator’s commitment to the principles of Islamic Sharia, which emphasizes the preservation of lineage and establishes the kafala (foster care) system as a legal and religious alternative to adoption, which is prohibited in Algeria. However, the decree still raises several legal and social issues, particularly regarding the potential perception of granting a family name as a form of indirect adoption or as an infringement upon the original family surnames, despite the emphasis on protecting the children’s lineage. To ensure the optimal application of this decree, it is essential to strengthen legal awareness by improving foster care procedures and reinforcing oversight in granting family names. These measures help ensure the necessary protection of the rights of fostered children while upholding the religious principles that the legislator is committed to.
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References
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Executive Decree No. 20-223 concerning the change of surname.