التبنِّي في التشريع التونسي ضمان نسبي للمُتبنَّى

Abstract

The Tunisian legislator tried, through the adoption institution, to elevate the adopted son to the status of a legitimate son and enable him to have the same rights and duties as the latter. However, in reality, these guarantees did not reach in their content the required level of permanence, stability and stability due to the possibility of their expiration as soon as factors emerged that could affect the interests of The the adopted person, which often leads to him being returned to his original status through a ruling reversing the adoption. This research studies the mechanisms of the adoption institution in dealing with the dilemma of a child losing his original family and elevating him to the status of a legitimate son by discussing the issue of the lack of achieving similarity between the adopted son and the legitimate son, as well as the issue of the disappearance cessation of adoption. The study concluded that the Tunisian legislator worked hard to enable the illegitimate son to live in an environment similar to that of the legitimate son, by approving the institution of adoption. However, the guarantees provided by this institution remain incomplete and inconsistent, and it recommends the need for the Tunisian legislator to intervene again and review the provisions it has enacted, especially setting strict laws that prevent reversal in adoption and stipulating them in Law A. 27 of 1958, dated March 4, 1958, relating to public guardianship, sponsorship, and adoption, in an attempt to address cases of reversal in adoption, which have a severe impact on the adoptee, whether on the psychological or material physical level. It must be emphasized that the best solution to guarantee the rights of all parties is to follow the instructions of Islamic law regarding the issue of adoption.