Darul Ifta, Darul Uloom Azaadville

Changing The Surname Of An Adopted Child

· 2 Safar 1445 AH1 min readEnglish

Question

We are in the process of adopting a little boy.

Could we change his surname to ours once the legalities have gone through or do we keep him on his late mother’s surname?

Answer

In terms of Shar’ie Law, it is not permissible to give an adopted child the surname of the foster parent/father. The adopted child will hold the surname of his real parent as instructed in the Quraan Sharif in Surah Ahzaab;

ادْعُوهُمْ لِآبَائِهِمْ هُوَ أَقْسَطُ عِنْدَ اللَّهِ فَإِنْ لَمْ تَعْلَمُوا آبَاءَهُمْ فَإِخْوَانُكُمْ فِي الدِّينِ وَمَوَالِيكُمْ

“Call them by their fathers. This is more just in the sight of your Rabb. If you do not know (who) their fathers are, then they are your brothers in religion and your friends.”

Surah 33 Verse 5

Approved by
Mufti Muhammed Saeed Motara Saheb D.B.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/changing-the-surname-of-an-adopted-child/23043/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-23043

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