The problem of legal regulation of including children: A Comparative Study

Embracing young people who have been neglected by life and stranded is a bright image of social solidarity, in that it compensates them for their families that they lost, and unknown parentage. This paper presents conditions of this sponsorship, and the different views of jurists in the type and end of guardianship over the orphans. As for the legal aspect, this paper deals with embracing neglected youngsters in the Iraqi Juvenile Welfare Law and compared it with the Moroccan Neglected Children’s Sponsorship Law by addressing the conditions required for fostering neglected youngsters in both those seeking custody and the neglected youngster, and the implications of including the youngster by showing weaknesses and strengths in texts of the Iraqi legislation, with an attempt to suggest amending and drafting some legal texts, such as adding some conditions for embracing the spouses and the child in custody, as well as allowing the woman to embrace the child if the conditions stipulated in the spouses are met, and allowing those who are considered orphans and children of unknown parentage to be embraced if it is evident that they are neglected by their families.