The Foster Child's Alimony: Between Legislative Shortcomings and Judicial Practice

Abstract

This article examines the fostered child alimony as a fundamental legal implication of Kafala under the Algerian Family Code. The foster parent becomes legally bound by this obligation upon the issuance of either the contract or judicial order of Kafala.This contract is characterized by its consensual formation, as the foster parent undertakes it on a gratuitous basis.

Its effects are governed by statutory provisions, which have regulated it and conferred upon it a public policy character. Among these is the maintenance obligation, which is based on personal considerations and is thus affected by changes in the circumstances of both the foster parent and the fostered child. Notably. In the event of the kafil’s divorce, the judiciary has refused to apply the provisions governing the maintenance of the child under custody.