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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Shian Yin,

China’s decision to end its international adoption program after 30 years affects over 160,000 children, many with disabilities, raising concerns about increased institutionalization and developmental risks. This commentary highlights the need for reforms such as expanding domestic adoption, improving foster and kinship care, enhancing institutional quality, and strengthening cross-sector collaboration to create a more family-centered child welfare system.

Amum Mahbub Ali, Sayehu, Naf’an Torihoran,

Child adoption remains a complex and sensitive issue within Islamic legal discourse, particularly due to its tension with Western legal frameworks that often permit full adoptive rights, including name changes and inheritance. This study addresses the central problem: how can Islamic law reconcile child protection needs with religious norms that prohibit altering a child’s lineage? The research aims to investigate how the concept of kafalah in Islamic jurisprudence serves as an alternative to formal adoption and how Muslim-majority countries navigate the duality between sharia and civil legal systems.

Better Care Network and Changing The Way We Care,

In this video, practitioners, faith leaders, and a Kafaalah caregiver share experiences in promoting and strengthening Kafaalah as an important part of family-based alternative care in Kenya.

Siham Abbassi, Yousra Boulakouas, Youcefi Alaeddine, and Mounir Benazzoug ,

This study examines Algeria’s use of kafala as a legally recognized alternative to adoption, highlighting its role in protecting the identity and citizenship rights of children of unknown parentage. While kafala aligns with Islamic principles and offers a protective framework, legal gaps, administrative barriers, and social stigma persist, underscoring the need for reforms to ensure children’s full legal identity and social inclusion.

U.K. House of Commons Education Committee,

This report makes a series of recommendations on issues affecting all types of care, including foster care, adoption, kinship care, children’s homes, and support for disabled children in the UK.

Souad Ezzerouali, Mashaallah Alzwae, Muwaffiq Jufri, Abdelrazek Wahba Sayed,

This study analyzes how Omani law protects vulnerable children without family care through foster arrangements, comparing it with practices in Morocco, the UAE, and the principles of Islamic Sharia law. While Oman’s legal framework provides a foundation for care, the research highlights weaknesses in implementation and oversight, recommending stronger monitoring, greater community involvement, and closer alignment with both regional best practices and Sharia objectives.

Kit W. Myers,

Using interdisciplinary analysis, Kit W. Myers examines the adoption of Asian, Black, and Native American children by White families in the United States. He shows how race has been constructed relationally to mark certain homes, families, and nations as spaces of love and better futures—in contrast to others that are not.

Faith to Action Initiative,

Parenting author Kayla Craig; Lauren Pinkston, Kindred Exchange; Kristin Langrehr, 111Project; and Stephanie Robinson, Faith to Action, share their own experiences of caring for orphans and adoption. Their reflections provide realistic ways to be involved in supporting orphaned and vulnerable children.

World Without Orphans,

Since joining the European Union in 2007, Bulgaria has sought to make changes in its child welfare system for children raised in care institutions around the country. According to UNICEF, in 2021 there were 10,000 children living in alternative care in Bulgaria - most of them were ethnic Roma or children with disabilities. This is the story of how Bulgaria Without Orphans has played a role in Bulgaria's care reform.

Changing the Way We Care,

This learning brief explores the formalization and replication of Kafaalah, an Islamic practice of caring for orphans and vulnerable children, as an alternative family-based care option in Kenya.