The new personal status system, which is currently under study and review, specified the conditions that must be met by the incubator, and the cases in which the custodian’s right to custody is forfeited.
These conditions were as follows:
1 – That the foster child is fully competent and has the ability to raise, maintain and care for the child, and to be safe from dangerous contagious diseases.
2- If the incubator is a woman, she must be unmarried with a man who is not forbidden to the child, unless the interest of the child is otherwise required and the husband is satisfied.
3 – If the incubator is a man, he must reside with him who is fit for custody of women, and the incubator must have a womb that is forbidden to the child under custody if he is female.
The system pointed out that custody of children is one of the duties of both parents, and in the event of separation, custody is for the mother, then the father, then the mother of the father, then the sister, then the aunt, then the aunt, and the court decides what it considers in the interest of the child, and the court may decide contrary to the previous arrangement Based on the interest of the foster child.
The system indicates the cases in which the nursery is dropped, which is if one of the conditions stipulated in the system fails in relation to eligibility, the ability to raise, maintain and care for the child, safety from contagious diseases, or if the person entitled to the custody is silent from claiming it for a period of more than one year without an excuse, then it is not He has the right to claim unless the interest of the child is otherwise required, or if the custodian moves to a place with the intention of residency in which he loses the interest of the child.