Harroudj v. Francia, No. 43631/09 ( Fifth Section), 4 October 2012

Refusal of adoption of a child already subject to kafala

Art. 8 ECHR 

The refusal to grant the adoption of a child subjected to kafala does not represent a violation of the right to respect for private and family life (art. 8 ECHR) since the Contracting States have a wide margin of discretion in the application of the right to respect for private and family life and, therefore, may legitimately provide that the possibility of adopting a child exists only if the child's country of origin does not prohibit it, as is the case in most countries that provide for the institution of kafala.