"Mothers from Heaven"

In a survey by ARIJ of 49 foster and care families, 33 percent said their child had faced discrimination because of their names. Some were bullied because their third and fourth names were different from that of their father's family. The survey revealed that families are frequently questioned wherever they go, at the doctor’s office, at school, or while traveling, and constantly feel compelled to explain themselves.

CSPD Director General Ghaith Al-Tayeb explains that the law allows “illegitimate births” to be registered at any time in the department's records, based on official guidelines from the Ministry of Social Development. This provision accounts for the special circumstances of such births, which are exceptions to the general rule requiring registration within specific legal timeframes.

Al-Tayeb points out that Article 20 of the Civil Status Law lays out the mechanism for registering this category of births, according to which the registrar of the Civil Status Department is responsible for choosing and assigning a name for the parents.

The discrepancy between the family name on the child's documents and the name of the foster family causes questions to be raised over the child's relationship with the family: Where did you get the child from? How? Where are its birth parents? The foster parents are forced to answer such intrusive questions all the time.

When a child is fostered, the Correction Committee in the CSPD amends the second name to match that of the foster father, and the mother's first name to match that of the first name of the foster mother. But it is left to CSPD staff to assign the third and fourth names.

Confusion and Double Standards

The law in Jordan is confusing when dealing with children in foster or alternative care, and the treatment of foster families seems contradictory. For example, Jordanian law requires such families to provide the child with complete social care - upbringing, medical treatment, education, expenses etc. However, foster children are not considered when calculating income tax, meaning parental expenses for their care are not tax-deductible.Nor is the child entitled to a share of the foster parent's pension.

Nuha Ahmad (not her real name) is in Heba’s WhatsApp group for foster and care families. And they have the same concerns.

Nuha's daughter, four-year-old Nour, faces an uncertain future, following the death of her foster father. She says that Nour (not her real name) does not receive any of her foster father's pension. She says he worked for the government and died as the result of a medical malpractice.

Nuha shares her late husband’s pension with his mother, as he had no children. And she says that her share of the pension barely covers the rent and electricity and water bills.

She says her daughter misses her father and is always asking about him: “Even though she’s very young, she’s still attached to him and just can’t get him out of her mind.”

Nuha is looking for work to bring in some income for herself and her daughter.
“It is what it is... I have to provide those things we wanted for her… we wanted to make it up to her, but when her father died, she got nothing,” she adds sadly.

Social security law allocates to the wife a half share of the husband's pension after his death. But if one or both of his parents are still alive, each is given a sixth of the pension.

In the case of Nour's husband, only two-thirds of his pension has been paid out, and this is shared between her and her late husband’s mother. The child is not entitled to any share of her father's remaining pension, as she is not his direct offspring.

Ahmed Al-Harasis, spokesperson for the Fatwa Department, says there is nothing in Sharia law that prevents a person from bequeathing part of their pension to their foster child. But he points out that the Fatwa Department cannot approve anything that goes against the law, as long as this is in line with Sharia law.

Al-Harasis insists that such a matter is an administrative issue, and has nothing to do with Sharia law, so the Fatwa Department would raise no objection.

An Ambiguous Picture

The former director of the Sharia courts in Jordan, Judge Saud Al-Salamin, makes clear that there is nothing in Islamic law that prevents a person from bequeathing up to a third of their pension to someone who is not an heir. And he says that this does not require the consent of the other beneficiaries.

Al-Salamin also sees no issue with a foster child taking the family name. He explains that even among unrelated individuals, four-part names can sometimes be identical. In such cases, the mother’s name is used to differentiate them.

Community activist and foster mother Raghda Butros believes it is essential for the child to feel a real belonging to his or her foster family and to find security, dignity, and self-esteem there, as this is crucial for psychological well-being. She stresses how important it is to strike a balance between this sense of belonging and maintaining the truth about the child's situation. And she says parents should be obliged to tell the child they are in foster care, so this is not hidden from them.

Butros points out that “some foster families have been turned away by schools and kindergartens, especially in the provinces, when they try to enrol their children.”

She also notes that children in foster care are denied certain privileges: “They aren’t registered for social security, and don’t count when it comes to tax deductions. They can’t be granted a university seat or other teaching or military honours, and have none of the rights and privileges enjoyed by the family.”

A report published this year by the Justice Center for Legal Aid (JCLA) on the system of alternative and foster care makes clear that the Juvenile Law of 2014, gives judges sole responsibility for handling cases of children in need of protection and care. It stipulates that no child may be admitted to or released from a care home except by judicial decision.

However, the Ministry of Social Development works on the basis of a law which was in force before the Juvenile Law was passed, which grants jurisdiction to both the social development minister and the court. This contradicts the Juvenile Law, which nevertheless ranks higher in the legislative hierarchy, according to the JCLA report.

This JCLA report found that a legislative review of the foster care and alternative care system showed that decisions were sometimes contradictory and unclear and that the legislation governing the system was full of gaps.

Suhad Sukkari, legal advisor at the JCLA, says that the Ministry of Social Development operates on the basis of foster care directives and a childcare system dating from 1972, which were issued under the old Ministry of Social Development law, not the current one. At the same time, the judicial authority that issues rulings on these children derives from the Juvenile Law.

She also points out that there are no directives issued under the 1972 Child Welfare Act, and there is nothing to allow for this in the system. Directives are detailed legislative texts governing the application of a law or running of a system.

We encountered this confusion when we were writing up this investigation. Should we use the term “alternative care,” which is recognized by the Juvenile Court, or should we also call it “foster care”? This is the term used by the Ministry of Social Development, which defines it precisely and sets specific conditions to distinguish it from general forms of care.

Legal Guardianship and Other Challenges

Jordanian law requires foster parents, or parents providing alternative care, to care for and bring up their child, but they do not necessarily have guardianship rights. This means they are not able to make important decisions regarding the child. The family does retain the right, however, to apply to the Sharia court for a temporary or permanent guardianship order.

A report published this year by the JCLA, based on the results of focus groups of foster and alternative care families in Jordan, shows that the procedure for obtaining a guardianship order is not easy. The families in the focus groups felt they were treated as outsiders with no kinship to the child that would warrant them being granted guardianship.

Sohaib Al-Shakhanbeh, spokesperson for the Supreme Judge Department, explains that when the court issues a ruling to place a minor in the care of another person, the judge may appoint that person as a temporary guardian for a set period and purpose, based on official documentation issued by the Sharia court. With this document or “evidence,” the person can act on the minor’s behalf and represent them in dealings with the authorities. According to Al-Shakhanbeh, anyone who has obtained a decision from the relevant court placing a minor in their care can apply for temporary guardianship.

Al-Shakhanbeh emphasizes that a request for temporary guardianship is only refused if one of the conditions for fostering or guardianship are not met, bearing in mind the interests of the minor. He says that the whole process of obtaining a guardianship document takes no more than 15 minutes, provided all the necessary legal paperwork is there.

He warns that not having a temporary guardianship document can complicate things like travel, education, and medical treatment.

“On Court Hearing Day”

While I was talking to Heba, and little Reem was playing in the next room, Karam crept in and tried to eavesdrop – his curiosity aroused by the presence of a stranger in the house. Heba noticed and said to him, “Go and play with your sister.” She told me, “He knows we're talking about him... When he sees people, he starts acting strangely.”

The child continued trying to listen in, and eventually his mother called out: “Go and see auntie and bring those things she’s got for me.” His aunt lives nearby, and has had a close relationship with Karam since the day he arrived.

Karam's innate curiosity makes it difficult for her when she has to take him to court. Heba and her husband must take the two children to the juvenile court, each on a specific date, to renew their foster care orders.

Heba says that Karam asks questions when he gets there and sees children in handcuffs or young drug users. She tries to fob him off with brief answers and explanations, and then hands him her phone to distract him from what is going on around him until the proceedings are over. Heba says: “God, I have to come every two years! Okay, now he's young and doesn't know any better, but when he grows up, and has to see these things? What’s he done wrong to deserve that?” She adds, “I begged the judge,” but he insisted I bring the child every two years to renew the ruling and check on his condition.

Heba and her husband finally obtained a long-term foster care order for their daughter Reem, after the judge empathized with her case. But she still had to bring Karam periodically to renew his care order.

Hearings are scheduled in the juvenile court to decide on extending the period of care and check on the child’s situation and that of the family. Based on this, the court will decide the period of extension it deems appropriate. Its decision is subject to periodic review by the judge enforcing the ruling.

Human rights activist Suhad Sukkari says that this judge has the authority to monitor the child's situation in various ways, not necessarily formal court hearings. He can hold a hearing anywhere he deems appropriate for the child. He can make use of regular reports from a behavioural psychologist or social worker, who visits the family at home. He can communicate with the school and health centers and collect information about the child's academic performance, behaviour, health, and social status, according to Sukkari.

She also argues that assessing a child's case just through a visit to the court or a periodic hearing before a judge is not an accurate or sufficient way to ensure the best interests of the foster child. The Juvenile Law makes clear that the purpose of the assessment extends beyond simply renewing the foster care ruling. According to Sukkari, it is primarily intended to ensure the child is receiving the care and attention needed to stay safe and develop properly.

Mothers, But…

The Ministry of Social Development's guidelines distinguish between foster care and alternative care. Foster care requires that the child be breastfed by the foster mother or by one of her relatives or her husband’s relatives, depending on the sex of the child. The mother may be required to take milk inducing pills. Still, the law does not entitle her to maternity leave, regardless of the child's age when fostered.

Foster mothers are also denied benefits enjoyed by biological mothers. The Social Security Law does not grant a care allowance to mothers in families giving foster care or alternative care. This allowance is given to mothers when they give birth, and regardless of how many children they have.

Kholoud Ghneimat, advisor to the director general of insurance at the Social Security Corporation says: “The care program provides financial support to mothers working in the private sector after they come off maternity leave and return to the labour market, provided that the beneficiary meets the conditions for maternity insurance. This program supports working mothers whose salary is less than 1,000 dinars.”

The level of support is based on salary, says Ghneimat, and is between 40 and 60 dinars per month for six months of nursery-based childcare. Mothers receive 25 dinars per month for the same period of home-based childcare.

However, she explains that mothers providing foster and alternative care are not covered by this program. It requires mothers to qualify for maternity insurance and maternity leave, neither of which apply to foster mothers, even though they are caregivers.

The mother of Rami (not his real name) is the oldest member of a WhatsApp group for foster mothers and foster families. Rami is now 28 years old, married, and awaiting his first child. His mother is overjoyed but remains openly dissatisfied that her son missed out on his childhood rights and privileges, including benefits from the company where her husband worked for many years. “If I had given birth to ten children, they would all have had these privileges, but this child, with all he had to go through, got nothing.” Another mother, describing how she manages with her foster child, who is not yet ten, says: “It's as if this child doesn’t exist in the world.”

This investigation was carried out with the support of ARIJ.