A Comparative Study of " Allowance in Adoption" in Iranian and French Law

Obligation of allowance in adoption has special basis and scope. Unlike “alimony” that is based on contract (marriage), in “allowance to family members” the obligation to payment and the entitlement to receive have moral backgrounds. In adoption, the obligation has both contractual and moral basis: on the one hand, the position of adoptive parents and that of the adoptee may be the criterion of allowance (moral basis); on the other hand, adoption is subject to adoptive parents’ consent (and in effect has a contractual aspect). Therefore, any legal analysis is deemed to consider the bases of this obligation and the differences between adoption and the two former institutions (i.e. allowance to family members and alimony). This article attempts to examine these issues and at same time, justify and explain them in the light of domestic rules and principles, and in conformity with analogous structures.