are many children in Iran who belong to ethnic minorities and are undocumented, and thus might
not be guaranteed these protections.10 Reforms with regard to child custody have brought Iranian
law further in line with Article 3(1) of the Convention, however laws on guardianship still do not
take into account the best interest of the child, according to a legal review by the Centre for
Supporters of Human Rights.11
In cases such as divorce where child custody must be determined, Article 1169 of the Civil Code
stipulates that mothers are the preferred legal custodian for children seven years of age or
younger.12 After age seven, custody transfers automatically to the father.13 Legal reforms issued
in 2003, however, allow parents to dispute guardianship, requiring the court to render custody on
the basis of the best interest of the child.14 When a child has reached the age of legal maturity,15
the court is supposed to ask for his or her opinion as part of determining what custody
arrangement, and with which parent, is in the child’s best interest. In this context, a girl can
decide at a younger age, 9 lunar years of age, which parent she will want to live with.
It should be emphasized that custody and guardianship are mutually exclusive concepts under
Iranian law. While custody can be granted to the mother of a child under the age of seven or
based on the best interests of the child, the father or the paternal grandfather retains guardianship
even if the mother has legal custody, with only narrow grounds to challenge guardianship.16 In
most cases, in the absence of a father or paternal grandfather a mother will be granted legal
guardianship.17 In other words, legal guardianship is not necessarily based on the best interests of
the child and deviates from the Convention. This shortcoming is important because legal
guardians, particularly for girls and adult females, must sign off on a variety of legal transactions
for their wards, such as signing contracts, opening bank accounts, accessing legal remedies in
court, or granting permission to travel outside the country.18
Recommendation Status:
This recommendation has NOT been implemented.
10
Radio Farda
Impact Iran submission to the Committee on the Rights of the Child, review of the 3rd and 4th periodic reports of
the Islamic Republic of Iran
12
Civil Code, art. 1169.
13
Ibid
14
Ibid, note 1.
15
Civil Code, art 1210.
16
Legal and Parliamentary Deputy at the Judiciary, Note on child custody by the mother, (accessed February 2015)
17
Ibid.
18
Ibid.
11