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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Investigating Historical Abuses: An Applied History Perspective on Intercountry Adoption in the Netherlands, 1950s–Present

Yannick Balk, Georg Frerks, Beatrice de Graaf, 27 Jul 2023

This article investigates the phenomenon and practice of intercountry adoption in the Netherlands from a historical perspective by using applied history methods.

Legal Regime Governing Inter-Country Adoption Under the Ethiopian Family Laws; Do the Ethiopian Family Laws Totally Ban Inter-Country Adoption? Takeaways from the Chinese Family Law

Indian Journal of Law and Legal Research, 27 Jul 2023

This paper assesses the legal regime governing inter-country adoption under the Ethiopian family laws by making a brief comparative study with correspondent provisions of the Chinese family law.

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Living Apart After Adoption or Guardianship: Perspectives of Adoptive Parents and Guardians

Nancy Rolock, Kevin White, Joan M. Blakey, Kerrie Ocasio, Amy Korsch-Williams, Chelsea Flanigan, Rong Bai, Monica Faulkner, Laura Marra, Rowena Fong, 01 Jul 2023

Using caregiver survey data, this study examined the following questions: (1) What is the prevalence of children or youth living apart (LA)? (2) What are the risk and protective factors at child and family levels that are associated with LA? (3) What is the nature of the relationships between family members among those who have experienced LA? This study re-purposed data from surveys of adoptive parents and guardians of children formerly in foster care in four U.S. states.

Toolkit for Preventing and Addressing Illicit Practices in Intercountry Adoption

The Hague Conference on Private International Law – HCCH Permanent Bureau, 23 Jun 2023

This toolkit provides Central Authorities with a template for how they could respond to queries from victims of illegal and illicit adoptions.

Boîte à outils visant à prévenir les pratiques illicites en matière d’adoption internationale et à y remédier

The Hague Conference on Private International Law – HCCH Permanent Bureau, 01 May 2023

Cette boîte à outils fournit aux Autorités centrales un modèle sur la manière dont elles pourraient répondre aux demandes des victimes d'adoptions illégales et illicites.

Child Fostering Care: Kafala in Western Countries

Alessandra Abis, 01 May 2023

This book chapter highlights the consequences of the recognition of the kafala related to the religious freedom of the immigrant’s family, with a special concern to intergenerational transmission of religious values and the religious education of children in host countries.

Heartline Case Study: Transitioning from Residential Care to Family Care in Haiti

Faith to Action, 12 Apr 2023

The story of Heartline’s transition from residential care to family care is told in this recently released Faith to Action case study. The case study details their experience through three stages of transition—learning, preparation and planning, and full transition—with transparency. It addresses common challenges for transitioning organizations, as well as the strategies Heartline took to overcome them.

An Introduction to Kafalah

UNICEF, Changing the Way We Care, 01 Mar 2023

This paper aims to contribute to a better understanding of the nature and characteristics of Kafalah in Eastern and Southern Africa and identify effective strategies to support Kafalah.

Learning Brief: Family-Based Alternative Care

Changing the Way We Care, 01 Feb 2023

This learning brief was developed as part of Changing the Way We Care's 2022 annual report and shares learning on family-based alternative care from Guatemala, Moldova, India and Kenya and links the reader to additional CTWWC resources on the topic.

The National Adoption System and Child Protection in Guatemala: Looking Back and Examining the Today

Carmen Monico, Karen S. Rotabi-Casares, Kelley M. Bunkers, 30 Dec 2022

This article discusses the evolution of adoption policy and practices in Guatemala from the 1990s to 2021.