As-Salaamu Alaikum, What are the rules concerning adoption in the United States where Islamic orphan status is not recognized? Is it OK to adopt through US law as long as the child knows that he/she is adopted? What about those situations where the child has been abandoned and there is no way to find out who the parents are? Jazakallahu khairan.

All praise be to Allah, and may his peace and blessings be on the last and best prophet and messenger, Muhammad.

 

There is no adoption in Islam, but we can foster an orphan child like our own. The reward for this deed is enormous. The Messenger of Allah (peace be upon him) said: "I and the caretaker of the orphan will be this close in paradise, and he pointed with his index and middle fingers."

If the only way for us to take care of a Muslim child whose parents died is to adopt them legally, then it will be permissible based on this need as long as the child knows who his/her parents are and they are not given the legal status of one`s own children.

I mean by this status mainly:

The inheritance rights, however, they may get a share of the will up to one third of the estate unless the rest of the heirs permit them to take more.

Also, they must not treated as one`s own children or siblings of one`s own children with regards to mixing between the genders, unless they get breast fed by the mother. That can be done through medication even if the mother is barren, or hasn`t had children recently. In this case, the adopted will become the mother`s child through nursing and a sibling for her children through nursing as well.

The laws of adoption in the US will not require the change of the child`s last name, so it must be kept unchanged, or if it is not known, then he can be given any good last name.

 

Allah knows best.