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.   

 

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Mahendra Utama Cahya Ramadhan, Taufiqur Rohman, Fauziah Hayati, et al.,

This study compares child custody and guardianship norms in classical Islamic jurisprudence and modern codifications, focusing on Indonesia’s Compilation of Islamic Law and related laws in selected ASEAN and European countries. It finds that integrating the “best interests of the child” with Islamic legal reasoning through maqāṣid al-sharīʿah can promote child protection and gender equity, offering insights for legal reform in plural societies.

UNICEF,

This report presents an independent assessment of Cambodia’s national and intercountry adoption systems, with a focus on the country’s progress in aligning adoption practices with international standards for child protection and family-based alternative care. Commissioned by UNICEF Cambodia in collaboration with the Ministry of Social Affairs, Veterans, and Youth Rehabilitation, the assessment evaluates the current capacity, processes, and legal frameworks governing adoption, and provides recommendations to strengthen the system in the context of Cambodia’s ongoing care reform agenda.

Transforming Children's Care Collaborative,

On October 23, 2025, the Transforming Children’s Care Collaborative hosted a webinar exploring Kafaalah—a long-standing childcare practice in Muslim communities that has been observed for more than 1,400 years.

Patricia Imade Gbodo and Grace Abraham Ahiakwo,

This article analyzes how Nigeria’s statutory, customary, and international laws intersect to shape adoption and legitimacy, revealing inconsistencies, cultural resistance, and systemic weaknesses that undermine children’s rights. It calls for legal harmonization and reforms grounded in child-centered and rights-based principles to create a more inclusive and secure framework for recognizing parenthood.

Ms. Khadija Karama, Ms. Diane Rop, and Ms. Jane Munuhe,

The Kafaalah Facilitator’s Guide is part of a training package to strengthen understanding and implementation of Kafaalah, a family-based alternative care option for children in Kenya. Developed by the Government of Kenya with support from Changing the Way We Care, it provides structured session plans, tools, and activities to help child protection professionals and community members effectively promote and practice Kafaalah.

Ms. Khadija Karama, Ms. Diane Rop, Ms. Fidelis Muthoni, and Ms. Jane Munuhe,

The Kafaalah Community Engagement Facilitator's Flipbook is a practical guide designed to support trained facilitators—such as Children Officers, Imams, Ustadh, Ustadhas, and other Muslim community leaders—in delivering community sessions on the Kafaalah. It offers structured guidance for engaging male caregivers, female caregivers, and children through interactive sessions.

Government of Kenya,Changing the Way We Care, and UNICEF,

This package of materials on Kafaalah - was developed by the Government of Kenya in collaboration with Changing the Way We Care, UNICEF, and other key development partners and civil society actors.

Kinza Malik & Dr. Tansif Ur Rehman,

This paper examines the legal framework governing adoption in Pakistan, highlighting how Islamic principles and the Guardians and Wards Act of 1890 shape the balance between child welfare and parental rights. Through a comparative analysis with international standards, it identifies gaps in the current system and proposes reforms to better protect children’s best interests while respecting cultural and religious values.

Munirotul Hasanah Sipayung, Rusmia Nita Sari, Meysa Feby Alvina, et al.,

This study analyzes Indonesia’s legal framework for adoption, detailing its procedures, requirements, and implications under national child protection laws. It finds that while adoption ensures children’s welfare and grants them equal rights in care and education, inheritance and lineage distinctions remain under existing legal provisions.

Riski Angga Putra,

This study examines adoption practices in Yogyakarta, Indonesia, highlighting legal challenges such as jurisdictional ambiguities, inconsistent procedures, and document falsification. It emphasizes the crucial role of social workers in navigating these obstacles, advocating for children’s rights, and supporting families throughout the adoption process.