There are different views on the legal situation of adoptive parent marrying adopted child. One view considers the modern child adoption as a new legal entity, which has no record and no traditional evidences in the history of early Islam. Therefore, adhering to the conduct of the wise, it prohibits the primary rule of marriage of adoptive parent and adopted child. Another view, relying on some verses of the Quran and their wrong interpretation, considers adopted child as a biologic child and therefore a congenital person and forbids such a marriage under its primary rule. Yet, a number of modern jurisprudents, seeking to create changes in the situation of the society and legally competent persons, to observe prudence and to prevent evil and corruption, consider the secondary law of such marriage as unlawful. The view of the jurisprudents of Guardian Council, as a part of the ruling body, holds that the marriage of adoptive parent and adopted child– conditioned on a note – is unlawful, but majority of jurisprudents hold that it is lawful.
The present article, after explaining every one of the above-mentioned views and reviewing the existent arguments, criticizes them and finally supports the famous view of the jurisprudents and considers it in agreement with verbal text of the verses of the Quran. In addition, it holds that the government’s conditional prohibition of marriage of adoptive parent and adopted child is against the verses of the Quran and has no considerable result.