Moroccan kafala is a legal child protection mechanism under Islamic law, often described as an alternative to adoption. Belgium partially recognises kafala, but the process requires precise steps before the Immigration Office (DVZ / Office des Étrangers) and the family court. TranslateBE translates all required documents — kafala deed, guardianship court ruling, birth certificate — with a quote within 1 hour and express delivery in 24 hours.
What is kafala? Difference from adoption
Kafala (كفالة) is, under Moroccan and broader Islamic family law, the legal guardianship of an abandoned or vulnerable child by an adult or couple — the kafil — who undertakes to provide for the child's maintenance, education and protection. In Morocco, kafala is governed by Law No. 15-01 on the care of abandoned children.
Unlike full adoption under Belgian civil law (Art. 343 et seq. of the Civil Code), kafala does not create a legal parent-child relationship. The child retains their original family name and biological inheritance rights, and does not legally become the child of the kafil. This absence of a legal filiation link is precisely what complicates recognition in Belgium and makes the quality of sworn translations particularly critical.
Documents to be translated for a Moroccan kafala in Belgium
The DVZ (Dienst Vreemdelingenzaken / Office des Étrangers) and Belgian family courts require sworn translations — signed by a court-certified translator registered in the National Register of Judicial Experts (NRJE / NRGD) — of all documents in the file. The following are typically required:
- Kafala deed: the judgment issued by the Moroccan guardianship court granting kafala to the kafil. This is the central document of the file.
- Ruling of the cadi / guardianship court: the initial judicial decision establishing the child's abandoned status and authorising the legal guardianship.
- Child's birth certificate: full extract with all marginal notes.
- Birth certificate of the kafil (and spouse): required to establish the kafil's family situation.
- Criminal record extract: of the kafil and, depending on DVZ requirements, of the spouse as well.
- Marriage certificate (where applicable): if kafala is granted to a couple.
- Child's passport: sometimes required in translated form if entries are in Classical Arabic.
All these documents are originally drafted in Arabic (darija or Modern Standard Arabic). A sworn translator registered in the NRJE who works in the Arabic–French or Arabic–Dutch language pair must sign and stamp each translation with their official seal.
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Kafala translation: quote in 1 hour, delivery in 24 hours
TranslateBE translates your complete kafala file (kafala deed, guardianship ruling, birth certificate) through NRJE-registered sworn translators for the DVZ and Belgian courts.
DVZ procedure for kafala: family reunification and Annex 13
In Belgium, a kafil wishing to bring the child under kafala to Belgium must submit a family reunification application to the DVZ. The most frequently invoked legal basis is Article 10 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreign nationals, which governs family reunification for minor children of a foreign national legally residing in Belgium.
The DVZ then issues an Annex 13 — a certificate of lodging a family reunification application — pending examination of the file. The procedure requires demonstrating that the child is effectively dependent on and under the legal protection of the kafil. Without a sworn translation of the kafala deed, the DVZ cannot assess the legal scope of the Moroccan document.
The Belgian Council of State has clarified in several rulings that the DVZ must examine each case in concreto and cannot automatically refuse an application on the sole ground that kafala does not constitute adoption under Belgian law.
Belgian courts and kafala: Court of Cassation ruling 2022
The question of the recognition of Moroccan kafala in Belgium has seen significant legal development. The Belgian Court of Cassation, in its ruling of 3 February 2022, confirmed that kafala cannot be equated with full adoption and therefore does not create a legal filiation link recognised under Belgian law.
However, Belgian family courts may grant protective measures and recognise certain effects of kafala — particularly regarding residence rights and child protection — by applying the UN Convention on the Rights of the Child (CRC, Art. 3: best interests of the child) and Belgian private international law (the PILA Code).
FAQ
Frequently asked questions
Is kafala recognised as adoption in Belgium?
No. The Belgian Court of Cassation confirmed in 2022 that Moroccan kafala cannot be equated with full adoption under Belgian law, as it does not create a legal filiation link. However, Belgian family courts may recognise certain protective effects of kafala, notably regarding residence rights and child protection, applying the best interests of the child principle (CRC, Art. 3).
Which documents need to be translated for a Moroccan kafala in Belgium?
Documents to be translated by a sworn translator registered in the NRJE include: the kafala deed (Moroccan guardianship court judgment), the child's birth certificate, the birth certificate of the kafil and spouse, the criminal record extract, and the marriage certificate where applicable. All these documents are in Arabic and must be translated into French or Dutch depending on the competent Belgian authority.
Can a child under kafala obtain Belgian nationality?
Not automatically, because kafala does not create a legal filiation link. For the child to acquire Belgian nationality, either a full adoption (a separate and lengthy procedure) or naturalisation would be required. Procedures exist but are complex. A lawyer specialising in international family law is recommended to assess the available options.
Which Belgian court has jurisdiction over kafala matters?
The family court (a division of the court of first instance) has jurisdiction over all questions relating to the situation of a child under kafala in Belgium: residence rights, protection, and possible conversion into adoption. For family reunification questions, the DVZ and, on appeal, the Council for Alien Law Litigation (CALL / RvV) are competent.
Urgent kafala file? Express translation in 24 hours
DVZ summons, family court hearing, imminent filing deadline: TranslateBE translates your kafala deed and all supporting documents through NRJE-registered sworn translators in 24 hours.