LEGAL CONSEQUENCES FOR FOSTER CHILDREN IN THE ALGERIAN PERSONAL STATUS LAW

The purpose of this study is to explain the ambiguous legal points of the status of the foster child (makfoul) under Algerian legislation. Although the Algerian legislator has developed legal texts that provide protection for the foster child, this protection does not address the issue of foster care (kafalah) in all aspects, due to the existence of legal gaps that complicate the status of the foster child before the Algerian administration and judiciary, and hinder the progress of his interests. As a result, there is a lack of equality between foster children and legitimate children in terms of the principle of protecting the child's interest, whether from the material aspect, where the foster child is deprived after divorce of the right to obtain maintenance to meet his needs, or from the moral aspect, where he is deprived of the emotional relationship that binds him to the foster spouse (kafile’s spouse), because there is no proof of his legal capacity to request the right of visitation.