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’ of Islamic law is used to describe a situation similar to adoption, but not necessarily with 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.

Displaying 1 - 10 of 511

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Country Care Review: Tuvalu

Better Care Network, 31 Mar 2020

This country care review includes the Concluding Observations of the Committee on the Rights of the Child.

Review of benefits and risks for children in open adoption arrangements

Megan Smith, Lucía González‐Pasarín, María D. Salas, Isabel M. Bernedo - Child & Family Social Work, 13 Mar 2020

This review aims to provide social workers with a resource to guide their decision‐making by evaluating both the benefits and risks associated with open adoption.

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The Muslim orphan paradox: Muslim Americans negotiating the Islamic law of adoption

Nermeen Mouftah - Contemporary Islam, 04 Mar 2020

This article explores contemporary Muslim Americans’ negotiations of Islamic law to find ethical ways to care for non-biological children within their household.

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Parent, Child, and Adoption Characteristics Associated with Post-Adoption Support Needs

Bethany R Lee, Adeline Wyman Battalen, David M Brodzinsky, Abbie E Goldberg - Social Work Research, 03 Mar 2020

The purpose of this study is to (a) identify whether there are meaningful subgroups of families with distinct post-adoption needs and (b) determine which parent, youth, and adoption characteristics are associated with these collections of needs.

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The achievement of educational identity in adolescents and emerging adults adopted in Argentina and in Italy

Alessandra Fermani, Ramona Bongelli, Gonzalo Del Moral Arroyo, Alla Matuszak, Morena Muzi, Carlos A. Pereyra Cardini & Ilaria Riccioni - Revista Espacios, 27 Feb 2020

This study presents the results of research carried out on adolescents and emerging adults adopted both in Italy and in Argentina. The main aim is to investigate the role and the associations of satisfaction with life, self-concept clarity, and parental attachment on educational identity.

Domestic adoption in Romania: Behavioral adjustment in a sample of adolescents

Marta Casonato, Ana Muntean, Paola Molina - International Social Work, 19 Feb 2020

This study examined the behavioral adjustment of 52 Romanian adolescents domestically adopted.

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Caregiver Strain among Biological, Foster, and Adoptive Caregivers Caring for Youth Receiving Outpatient Care in a Public Mental Health System

Kya Fawley-King, Emily V. Trask, John Ferrand, Gregory A. Aarons - Children and Youth Services Review, 17 Feb 2020

The purpose of the present study was to examine differences in both internalized (e.g., worry and guilt) and externalized (e.g., anger and resentment) caregiver strain among biological, foster and adoptive caregivers, and assess the degree to which characteristics of the caregivers and the children in their care impact strain.

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Country Care Review: Rwanda

Better Care Network, 10 Feb 2020

This Country Care Review includes the care-related concluding observations adopted by the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities, as well as other care-related concluding observations, ratification dates, and links to the Universal Periodic Review and Hague Intercountry Adoption Country Profile.

Mary V Seeman - International Journal of Social Psychiatry, 05 Feb 2020

The aim of this review is to describe psychosis risk factors in adoptees, with a focus on difficulties with identity formation, identification with in-groups, attachment to parents, and coping with loss and with discrimination.

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Exploring links between early adversities and later outcomes for children adopted from care: Implications for planning post adoption support

Elsbeth Neil, Marcello Morciano, Julie Young, and Louise Hartley - Developmental Child Welfare, 31 Jan 2020

This study explored how child maltreatment, alongside a range of other variables, predicted adverse outcomes for children adopted from the foster care system in England.