Questions & Answers

    Does INPE get paid when entrusting a child for adoption or guardianship?

    The Institute is an administrative public institution which aim is to provide a social service at no charge.

    Is it possible to adopt or be the legal guardian of more than one child?

    The candidate family for adoption or child custody is entitled to apply for the adoption or custody of more than one child.

    Who authorizes families to host, adopt or be the legal guardian of a child?

    The Committee for adoption, child custody and deposit is held once every 15 days, and is responsible for the approval on the applications of families.

    What is family placement?

    Family placement  is used by the National Institute of Children Protection to provide the child with a substitution family and preserve his psychological balance

    What is the difference between adoption and legal guardianship?

    Adoption : The institution of adoption has particularities which makes it different from Legal Custody in that the legislator has enjoined that the adoption has to be dependent on a rule issued by the regional governor or by the minutes of the adopter and the parents of the adopted child or one of them, or the administrative authority biding the public tutorship of the child. The court shall pronounce adoption after ensuring compliance with all legal requirements and it shall be a final decision. The governor requires  the adopter to be an adult male or female, married, enjoying his/her civil rights, good reputed, of sound mind and body and able to take in charge the adopted. The judge, however, can exempt the adoption applicant, who lost his/her spouse through death or divorce from the requirement to marry depending on the interests of the child. The law requires 15 years of difference between the age of the adopter and the age of adoptee. Only in case the adoptee is the adopter stepson. As in relation to the adoptee, he/she must be a minor, Tunisian or foreign male or female, the adoptee becomes endowed with the same rights and duties as the legitimate son.
    - legal Custody: As defined by the legislator is a contract under which an adult who enjoys his/her civil rights or a charity instance takes in charge the legal custody of a minor child. To guarantee the validity of the contract, the Law requires it to be concluded at two public solicitors,  between the guarantor on the one hand and between the parents of guaranteed or one of them if the other is dead or unknown or when necessary, the public guardian. 

    By that the guardian becomes responsible on the deeds of the guaranteed under custody person just like his/her father, in this context, the guaranteed retains his rights resulting from this, especially concerning the family name and rights to inheritance. The terms of contract come to end once the guaranteed reaches the age of majority. The court may at the request of the guarantor or parents of the guaranteed person or the public prosecutor order the dissolution of legal custody depending on the interests of the child.