On September 21, 2012, Moroccan Justice Minister El Mostapha Ramid published a notice instructing Moroccan prosecutors to oppose any petitions filed with a juvenile judge seeking the granting of Kafala guardianship decrees to foreign prospective adoptive parents (PAPs) who do not reside in Morocco. In his notice, he asks the prosecutors to emphasize to courts the importance of in-country residency for the Kafala guardianship, to verify whether the prospective adoptive parents reside in Morocco, and to request that judges not issue Kafala orders to foreign PAPs who are not residing in Morocco. The notice states that the new instructions are to ensure the proper application of the existing law. It does not contain any provisions addressing already pending Kafala guardianship petitions.
The Department of State is asking U.S. families who are in the process of applying for guardianship of a Moroccan child to contact the Office of Children’s Issues at AskCI@state.gov. We ask that you provide information about where you are in the process (i.e., matched with a Moroccan child, matched and met Moroccan child, child’s full name and date of birth, region from which the child is being adopted, documentation showing you are approved to adopt a child with special needs, and/or court date set). This information will help us better understand the number of U.S. citizens who may be affected by this Moroccan notice. Please use the subject line “Intercountry guardianship from Morocco” to ensure your email is properly routed. We are also requesting that your email include an attached completed Privacy Act Waiver (Form DS 5505), even if you have already provided this information to the Department of State or the U.S. Consulate General in Casablanca. If you choose to submit a Privacy Act Waiver, please specify on the form with whom the Department may share information regarding your case. You may choose to include the Moroccan government and/or your members of Congress. Please do not send photos, any other documents, or any additional information at this time. Large documents/photos could hamper our ability to access the inbox.
The Office of Children's Issues will reach out directly to families as additional information becomes available. Any such information that affects U.S. citizens who are in the process of obtaining guardianship of a child from Morocco will also be posted on the State Department’s website (adoption.state.gov).
Please continue to monitor adoption.state.gov for updated information.