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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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.

Bertha Lutome,

This study explores how stigma management communication can reduce the stigmatization of adoptive parents in Kiambu County, Kenya, where cultural beliefs often privilege biological lineage over adoption. Findings reveal that adoptive parents use strategies such as concealment, disclosure, reframing, and advocacy to challenge stigma and gradually normalize adoption, highlighting the vital role of communication in transforming societal attitudes and promoting acceptance.

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.

Government of Kenya, Changing the Way We Care, UNICEF, Embassy of Sweden,

The Government of Kenya’s National Framework for the Implementation of Kafaalah Care provides structured guidance for practitioners, aiming to promote childcare to family-based settings. It outlines roles, coordination mechanisms, and monitoring strategies to ensure safe, standardized care for vulnerable children, and is intended for use by both state and non-state child protection practitioners.

Drishti Singh,

India’s adoption laws have evolved over more than a century, creating parallel systems that affect eligibility, speed of adoption, and the rights of adoptive families. This study examines the historical origins and gaps in these laws and advocates for a unified framework that aligns with constitutional and international standards.

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.