Argelian minor subject to a kafala. Impossibile deprivation of parental rights in Spain (The Court of Appeal of Barcelona of 11 June of 2020)

Abstract

In the commented sentence the Spanish court tackles de issue of an Argelian minor subject to a kafala in favor of her aunt, legal resident in Spain. The claimant –and kafil– seeks the deprivation of parental rights of the parents -who live in Argelia- thus becoming “guardian”-“tutora” according to the Spanish legislation- of her niece. The Spanish court rejects the arguments of the claimant since the case lacks the legal requirements -introduced by the family law provisions of the Catalonian civil code- to consider setting up this “guardianship”.