Question Summary:
Surname for adopted child

Question Detail:

We are in the process of adopting a child and would like some advice about the name.
The child father is not known and neither is his mother - he was placed in a "baby box" and left in front of the hospital. 
What do you advise to do in this situation. We will tell the child that he is not ours biologically - but when it comes to her name - it seems cruel to not allow her to use our name. what do you suggest?
Surely Islam is not so cruel that it would forbid this adoption. This is a child who has no chance in life unless he is taken in by a family

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
You are correct in saying that Islam is not cruel towards orphans. The Prophet a went to the extent of saying,
كَافِلُ الْيَتِيمِ له أو لغيره أَنَا وَهُوَ كَهَاتَيْنِ فِي الْجَنَّةِ(الصحيح لمسلم ج-٨ ص-٢٢١، دار المنهاج)
"The one who takes care of an orphan, whether the orphan is his relative or not, and I will be in Jannah like these two (indicating towards the proximity between two fingers)." (Al Sahih li Muslim vol.8 pg.221, Dar Al Minhaj)
As you suggested, you should tell the orphan that you are not his/her biological parents. You may also allow the child to use your surname. However, it should be borne in mind that at no point should the orphan's lineage be attributed to the adoptive parents[1]. The adopted child will not inherit from the adoptive parents; he may receive bequests. The rules of Hijab will also be observed between the adoptive parents' biological children and the adopted child.
And Allah Ta’āla Knows Best
Hisham Dawood
Student, Darul Iftaa
Chicago, USA
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net