Legal Guardianship of a Child in Morocco After a Death: 2026 Procedure

The legal guardianship of a child in Morocco following the death of a parent falls within the legal representation of minors, often called wilaya. In particular, it allows the child to be represented before a bank, government authority or court and the child’s share of an estate to be administered. The rules are set out in Articles 229 to 276 of the Family Code, established by Law No. 70-03 promulgated by Dahir No. 1-04-22 of 3 February 2004. The consolidated version must be checked on Adala and in the Official Gazette.

Wilaya is not the same as hadana. Article 163 of the Family Code defines custody as protecting the child from anything that could cause harm, providing the child’s upbringing and safeguarding the child’s interests. A grandmother or aunt may therefore provide day-to-day care without having authority to withdraw inherited capital or sell property. In practice, a custody decision does not replace the document establishing legal representative status.

Articles 229 to 231 establish several forms of representation: legal representation exercised in the order prescribed by the Code, testamentary guardianship and court-appointed guardianship entrusted by the judge. This distinction becomes decisive after a death. A relative accommodating the child acquires no legal authority merely by paying the child’s expenses. The exact legal capacity being relied upon must be identified before signing a partition agreement, approaching a bank or initiating proceedings.

The proposed Moudawwana reforms made public since 2024 must not be confused with enforceable legislation. For every case filed in 2026, it is necessary to determine whether any amending law exists, identified by its number, promulgating Dahir and publication in the Official Gazette. This guide relies solely on the officially accessible consolidated provisions of Law No. 70-03. If a new text has been published since the version consulted, its transitional provisions must also be checked.

The case falls within the jurisdiction of the Court of First Instance, Family Justice Division, generally where the child habitually resides. The judge is commonly called the guardianship judge, although the legislation primarily uses the concept of the judge in charge of minors’ affairs. Mahakim can be used to locate the court. It remains advisable to contact the court registry because filing arrangements and the internal allocation of cases vary between courts.

The procedure begins with an application stating the deaths that have occurred, the minor’s identity, the persons accommodating the minor and the possible existence of assets. The application must specify exactly the measure sought: confirmation of representative status, appointment of a court-appointed guardian, opening of an administration file or urgent authorisation. A vague application often results in a request to remedy deficiencies. A lawyer’s assistance is not systematically mandatory for every non-contentious application, but it becomes useful when the legal classification is disputed.

After registration, the judge may hear the mother, the proposed person, relatives and a child capable of discernment. The Public Prosecution intervenes to protect the minor. A social investigation, medical certificate or document concerning the candidate’s good character may be requested. Where the assets include real property or a business, the judge may order a more detailed inventory before authorising their administration.

The decision must be reviewed before leaving the court registry. It must unambiguously identify the guardian, the minor and the scope of the role. Several certified copies are generally required for the bank, the ANCFCC, social-security bodies or the notary. A decision confirming representative status does not necessarily constitute authorisation to sell. Acts governed by Articles 269 to 276 of the Family Code require an individual application.

No general three-month time limit applies to the opening of guardianship. Nevertheless, prompt action is required if rent is being collected, a business must continue operating or an account may be used improperly. Depending on the nature of the urgency, Article 148 of the Code of Civil Procedure allows an ex parte order to be requested. This interim measure protects the situation without finally determining the rights of family members.

Representation primarily concerns the child’s person. The representative completes administrative formalities, defends the child’s rights and consents to medical care in accordance with the applicable rules. This does not, however, give the representative unlimited authority over where the child lives. Decisions relating to hadana and the minor’s best interests continue to apply. For a passport or international travel, the authorities may request proof of representative authority and, in the event of a dispute, an additional judicial decision.

With regard to assets, the guardian may carry out protective acts and normal management transactions. The guardian must pay justified expenses, preserve the assets and collect income on the child’s behalf. The funds must never remain in the guardian’s personal account for any extended period. The bank will request proof of representative authority and may require specific authorization for a substantial withdrawal. Every transaction must be supported by an invoice, statement or decision.

Acts of disposal are subject to stricter oversight. Articles 269 to 276 of the Family Code govern, in particular, transactions that may have a lasting effect on the minor’s assets. Article 271 is a central reference for acts by a testamentary or court-appointed guardian that require judicial authorization. A real estate sale, settlement or division must therefore not be signed solely on the basis of a general appointment decision.

The judge considers the child’s specific interests before authorizing a sale. The judge may request an expert appraisal, impose price conditions or select a method of sale that ensures greater transparency. A guardian may not sell property to themselves or arrange for its indirect acquisition by a relative without addressing the conflict of interest. In such a case, a special representative may be appointed. An apparently consensual family transaction may still be challenged if it sacrifices the minor’s share.

Oversight continues throughout the appointment. The testamentary or court-appointed guardian must render accounts in accordance with the procedures laid down by the Code and the judge, and then transfer the assets when the child reaches the age of majority. Article 209 sets this age at eighteen Gregorian years. The young adult may request the statements, supporting documents and decisions that affected their assets. Records must therefore be retained after the appointment ends, particularly because of the special time limit established by Article 263 for certain actions.

A Moroccan residing abroad may be proposed as guardian of a child living in Morocco. The judge will, however, assess the candidate’s availability, ability to travel and capacity to handle urgent matters. A power of attorney executed at the consulate assists with specific formalities but does not transfer the status of guardian. Where day-to-day management requires a local presence, the judge may entrust a specific transaction to a special representative or impose additional safeguards.

The Hague Convention of 19 October 1996 on parental responsibility and the protection of children must not be presented as applicable in Morocco. As of the date this guide was updated in 2026, Morocco had not ratified it. MRE families therefore do not automatically benefit from its jurisdiction and recognition framework. It is necessary to determine whether an applicable bilateral convention exists with the country concerned, particularly France, Spain or Belgium, or to establish that there is no relevant treaty.

In the absence of a directly applicable treaty mechanism, a foreign decision may have to be recognized in Morocco. Article 430 of the Code of Civil Procedure governs the exequatur of foreign decisions before the competent Court of First Instance. The Moroccan judge examines, in particular, procedural regularity, the jurisdiction of the foreign authority and compliance with public policy. The child’s habitual residence, nationality and the location of the assets must be considered separately.

A testamentary appointment is submitted to the judge even when the family accepts it. The judge verifies the instrument, the candidate’s acceptance and the candidate’s suitability. The judge may reject the candidate in the event of incapacity, prolonged unavailability or a conflict of interest. The deceased parent’s wishes remain an important consideration but do not remove judicial oversight. A foreign will must also satisfy the formal, authentication and translation requirements necessary for its use in Morocco.

When a guardian is also an heir, holding both capacities is not in itself sufficient to disqualify the guardian. A conflict arises if the division, sale or settlement gives the guardian a benefit that conflicts with the minor’s interest. The judge may then appoint a special representative for the act concerned. Relevant evidence includes banking, land registry and contractual documents. General allegations by family members are no substitute for evidence of a specific transaction or an identifiable risk.