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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Fortaleciendo las competencias: Aprender de los fracasos en la adopción internacional

Cécile Jeannin - Servicio Social Internacional, 2018

Esta nueva publicación del SSI sobre los fracasos de la adopción internacional tiene como objetivo acompañar y equipar a los profesionales de las Autoridades centrales y competentes y de los Organismos acreditados para la adopción, las personas adoptadas y los padres adoptivos, para prevenir mejor y manejar las crisis o los fracasos que las familias adoptivas pueden atravesar.

Habitual Residence and Scope of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption

The Hague Conference on Private International Law , 2018

This Note from The Hague Conference on Private International Law aims to promote the proper interpretation and application of Article 2 of the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption (“1993 Hague Convention” or “Convention”).

Capacity Development Plan for family support, foster care and adoption

Ministry of Social Affairs, Veterans and Youth Rehabilitation, 2018

This Plan presents key findings and 23 recommendations, sub-divided into short-term, medium-term and long-term actions, for an effective and efficient implementation of foster care, adoption and family support in Cambodia.

Adoption Protections for Indigenous Children in Canada

Hayley Hahn and Vandna Sinha - Canadian Child Welfare Research Portal, 2018

This information sheet outlines provincial adoption provisions for Indigenous children.

Towards a greater capacity: Learning from intercountry adoption breakdowns.

Cécile Jeannin - International Social Service, 2018

This new ISS publication on intercountry adoption breakdowns aims at giving support to adoptees, adoptive parents, professionals from Central Authorities and from other competent authorities, and Adoption Accredited Bodies, in order to prevent and manage the crises, and even breakdowns, faced by adoptive families.

The role of the social worker in adoption – ethics and human rights: An Enquiry

Professor Brid Featherstone, Professor Anna Gupta, Sue Mills - BASW, 2018

This report presents the findings of a UK national Enquiry into the role of the social worker in adoption with a focus on ethics and human rights.

Capacity Development Plan for family support, foster care and adoption (Khmer Language)

Ministry of Social Affairs, Veterans and Youth Rehabilitation, 2018

Children Without Parental Care: Protection, Safeguards and Best Practices

Jagannath Pati, 2018

This volume is an effort to highlight best practices for children without parental care.

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Lost in Translation: Cultural Interpretations of Family in East Africa and Implications on Children’s Care

Kelley Bunkers, Beth Bradford, and Karen Smith Rotabi - Brown Journal of World Affairs, 2018

This article explores Intercountry Adoption (ICA) practices and the related expansion of orphanages (also referred to as residential care) in the East African context.

Parent perspectives on adoption preparation: Findings from the Modern Adoptive Families project

Bethany R. Lee, Julia M. Kobulsky, David Brodzinsky, Richard P. Barth - Children and Youth Services Review, 06 Dec 2017

This study uses data from the recent Modern Adoptive Families survey to understand parent perspectives on their preparation for adoption.

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