Salamu Alaikum Shaikh,
I want to adopt a baby-boy from senegal, and I live in spain.
but my wife doesn’t have “any” milk in her breasts, even drops, to breast feed the child. in addition, here in spain it’s not allowed to adopt a child from outside the country unless the child takes the name of the new parents(in this case my name). we have tried to adopt a child here in spain but there are none.
my questin dear shaikh: are there any possibilities of adopting this baby and still be a halal procedure?
In this era of technology, there are medicine for increasing and producing milk. Your wife can take this type of medicine to breastfeed the child. If she does so within the two or two and half years period of breastfeeding then the child would be regard as foster child and may take the name of foster parents just to fulfill the formality. But if she fails then the child would be an adopted child and it would never be regarded as a real child in every respect including Hijaab. Therefore, the adopted child should be given the name of his/her real father and not the name of the man who has adopted him. The Glorious Qur’aan says, “Call them by their fathers, that is more just with Allah. But if you do not know their father’s, your brothers in faith and your freed servants. And there is no sin on you concerning that in which you made a mistake, except in regard to what your hearts deliberately intend. And Allah is Ever Oft-Forgiving, Most Merciful. (Suratul Ahzaab 33: 5)
However, if you are forced by law to give your name to the adopted child then it may be permitted just to fulfill the formality but the child would not be regarded as real child in any case as per the Islamic Shariah.
NOTE: If this formality results into reality by legalizing the adopted as a real child then it would not be permissible to give the adopted child the names of the adopters because of the prohibition mentioned in the Qur’aan and the Ahadith. This prohibition can not be overlooked because of the adoption which is not a Farz or Wajib nor does it come under necessity. In brief, it is not permitted to give an adopted child the name of the adopter.
والله اعلم بالصواب