Kuwait amends family custody law, custody for daughters ends at age 30 with permanent employment

Decree-Law No. 74 of 2025 has been issued to amend certain provisions of Law No. 80 of 2015 concerning family custody, with the goal of enhancing the effectiveness and responsiveness of care for individuals entitled to state custody. These amendments reflect the government’s recognition of emerging social realities and administrative needs over the past nine years of applying the original law.

A major feature of the amendment is the explicit stipulation that family custody for daughters ends once they reach the age of thirty and secure permanent employment, regardless of other circumstances. This clause ensures a clear endpoint to care, aligned with expectations of maturity and financial independence, reports Al-Rai daily.

For sons, the care ends at age 25 under similar conditions. The law also specifies that care ends if the individuals marry or leave the supervised facilities, and for daughters, also if they fail to comply with the rules of guesthouse residence.

To enhance the effectiveness of the Family Custody Committee, the decree adds representatives from the Ministry of Foreign Affairs and the Supreme Council for Family Affairs to its membership. The expanded committee structure aims to better monitor developments, coordinate decisions, and respond to social challenges concerning custody cases.

Several articles of the original law have been replaced. Article 12 now emphasizes the Ministry’s role in caring for children of unknown parentage or whose parentage is partially known, ensuring they receive proper medical, psychological, and educational care. The amended Article 13 delegates responsibility to the Family Custody Committee to regulate temporary care arrangements for children with non-Kuwaiti mothers and unknown fathers, rather than leaving such decisions solely to the Minister.

Further, Article 14 mandates institutions under the Ministry to ensure children are enrolled in compulsory education and benefit from rehabilitation programs for integration into society. Article 15 assigns the Family Custody Committee, instead of the Minister, the responsibility to regulate conditions for fostering, including kinship-based fostering such as through breastfeeding.

Articles 16 and 17 address the transition of children out of state care. The Ministry, in coordination with public and private sectors, is now tasked with securing housing for children aged 21 and above in return for rent paid from their own funds. Additionally, efforts must be made to find suitable employment based on the children’s qualifications, supporting their social and economic independence.

Finally, a new clause (7) was added to Article 1 of the original law to define “son/daughter/children” under the scope of custody. Article 3 of the new decree-law mandates all ministers to implement its provisions, which will come into effect upon publication in the Official Gazette. The explanatory note confirms that the changes are based on practical observations and align with the Emiri Order authorizing laws to be issued by decree.