Adoption and Kafala

Adoption is the formal, permanent transfer of parental rights to a family other than a child’s own and the formal assumption by that family of all parenting duties for the child. Where a child’s parents are living and their parental rights have not been terminated, they must provide informed consent for adoption. In some countries it is not culturally acceptable to give the parental rights to a non-family member, and therefore alternative long-term care options must be pursued e.g. kinship care. In some Islamic countries, the term ‘Kafala’ in Islamic law is used to describe a situation similar to adoption, but without the severing of family ties, the transference of inheritance rights, or the change of the child’s family name.

Given the permanency of adoption, it should be used very carefully and only when it is in a child’s best interests. In some cases difficult choices must be made between keeping a child in a temporary care situation in the hope of eventual family reunification, and a child’s developmental need for permanent attachment and care within a family environment. Adoption should not be considered an option in an emergency context. In the case of family separation in an emergency all tracing activities must be exhausted before adoption can be considered.

The long term care of a child requires thorough assessment and planning, and should include the participation of all those affected, especially the child in question. The choice for adoption must meet the child’s long term needs and wishes, and enable their healthy development into adulthood. Wherever possible, children should remain with siblings and encouraged to maintain contact with relatives. All adoptive placements should be in keeping with applicable national law and international standards.

Ideally adoptive parents should come from a similar cultural and religious background to the child, so that the child can retain her heritage and sense of identity. This will be more likely when the adoption is within the country of the child’s origin. The child care policies of a country must therefore provide mechanisms for formal state adoption procedures, and provide workers to support this process. Intercountry or cross border adoptions should be used with caution since the child is likely to grow up in unfamiliar surroundings, and may therefore be more isolated and exposed to risk. When intercountry adoption is in the best interests of a child, international protection agencies should ensure standards are met and procedures should be in keeping with the Hague Convention on intercountry adoption.

This section of papers includes country and policy examples of the use of adoption and guidance on practice.

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Adoption and child protection trends for children aged under five in England: Increasing investigations and hidden separation of children from their parents

Andy Bilson & Elizabeth Hunter Munro - Children and Youth Services Review, 28 Nov 2018

This study provides an analysis of the ‘investigative turn’ in England by comparing two large cohorts of children, one whose fifth birthday was in 2011–12 and the other in 2016–17.

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The effect of the colonialist terms “orphan” and “adoption” on the citizenship status of indigenous Fijian adoptees within their own community

Erica Newman - AlterNative: An International Journal of Indigenous Peoples, 26 Nov 2018

This article investigates the colonialist definitions of the terms “orphan” and “adoption”, contrasting them with how the traditional practice of child circulation in Fiji cared for orphaned children.

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Kristen Cheney 'Combatting the Orphan Industrial Complex'

Kristen Cheney | HagueTalks, 25 Nov 2018

In this video, Dr. Kristen Cheney discusses how her work led her to study the growth of the Orphan Industrial Complex and its adverse effects on children, families, communities, and child protection systems.

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Negotiating the care of children and support for caregivers

Nolwazi Mkhwanazi, Tawanda Makusha, Deidre Blackie, Lenore Manderson, Katharine Hall and Mayke Huijbregts - South African Child Gauge 2018, 20 Nov 2018

This chapter from the South African Child Gauge 2018 focuses on childcare and children’s caregivers in South Africa and aims to address the following questions: Who provides care for children? How does the state support or undermine care choices? Why and how should the state support caregivers?

Children looked after in England including adoption: 2017 to 2018

UK Department for Education, 15 Nov 2018

This statistics publication from the UK Department for Education provides information about looked after children in England for the year ending 31 March 2018.

Previous life experiences and the vulnerability of children adopted from out-of-home care: The impact of Adverse Childhood Experiences and child welfare decision making

Susan Tregeagle, Lynne Moggach, Helen Trivedi, Harriet Ward - Children and Youth Services Review, 14 Nov 2018

This paper presents findings on the previous life experiences of an entire cohort of ‘difficult to place’ adoptees who were placed in Australia over 26 years.

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An exploratory study on open adoptions from foster care in NSW, Australia: Adoptees’ psychosocial functioning, adoptive relationships, post-adoption contact and supports

Andrea del Pozo de Bolger, Debra Dunstan, Melissa Kaltner - International Social Work, 12 Nov 2018

This is an exploratory study focused on open adoptions from foster care conducted through the public child protection agency in New South Wales, Australia.

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Can adoption at an early age protect children at risk from depression in adulthood? A Swedish national cohort study

Anders Hjern, Jesus Palacios, Bo Vinnerljung - BMJ Paediatrics Open, 12 Nov 2018

The aim of this study was to investigate whether the risk of depression in adulthood in children raised by substitute parents from an early age differ by care arrangements.

Corruption affects Ugandan children

The National Child Protection Working Group (NCPWG), 01 Nov 2018

This brief from the National Child Protection Working Group (NCPWG) examines the types of corrupt practices experienced by children in Uganda and what can be done to close the loop holes that allow such corrupt practices. The brief highlights the impacts of corruption on children's wellbeing including "instances of falsifying birth histories of children to qualify for orphan status and consequently eligibility for international adoption."

Guidelines on Assessing and Determining the Best Interests of the Child 2018

UN High Commissioner for Refugees (UNHCR), 01 Nov 2018

These updated UN High Commissioner for Refugees (UNHCR) Guidelines provide guidance on determining the best interests of the child in decisions affecting children at risk, in particular children who are separated from their parents and families.