Key facts of the case - The French spouses X. hosted a five-year old Algerian child through a decision of kafala. Later on, they applied for adopting her. The Court of appeal of Chambéry rejected this application notably on the ground that the personal status of the child prohibits it.

Main reasoning of the court - The Court of cassation upholds the Court of appeal’s ruling. The Court states that the provisions of article 370-3 of the civil code relating to the personal status of the adoptee are the translation in internal law of the Convention of La Haye of 29 May 1993. Article 4, a) of this Convention provides that adoption can be pronounced only if the child is adoptable.
Article 46 of the Algerian family code prohibits adoption while article 116 defines kafala as the benevolent commitment to ensure the support, education and protection of the child as would do a father for his son. It results that the kafala, which is recognized by the Convention of New York of 26 January 1990 related to the child rights, protects the child best interest and that the Court of appeal could accordingly reject the adoption application.

See the decision: 2010-12-15 - Court of cassation, n. 09-10.439.