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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Country Care Review: Benin

Better Care Network, 11 Oct 2018

This country care review includes the care-related Concluding Observations adopted by the Committee on the Rights of the Child.

Country Care Review: Mauritania

Better Care Network, 11 Oct 2018

This country care review includes the care related Concluding Observations adopted by the Committee on the Rights of the Child as part of its examination of Mauritania's initial reports, as well as other care-related concluding observations, ratification dates, and links to the Universal Periodic Review.

Country Care Review: Lao People's Democratic Republic

Better Care Network, 11 Oct 2018

This country care review includes the care related Concluding Observations adopted by the Committee on the Rights of the Child as part of its examination of Lao PDR's initial reports, as well as other care-related concluding observations, ratification dates, and links to the Universal Periodic Review

Discrimination and Ethnic‐Racial Socialization Among Youth Adopted From South Korea Into White American Families

Samantha M. Schires, NiCole T. Buchanan, Richard M. Lee, Matt McGue, William G. Iacono, S. Alexandra Burt - Child Development, 08 Oct 2018

The current study examined how discrimination relates to adjustment outcomes in a sample of internationally, transracially adopted Korean Americans from the Minnesota Sibling Interaction and Behavior Study.

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Utilising genetically-informed research designs to better understand family processes and child development: implications for adoption and foster-care focused interventions

Sellers, Ruth, Smith, A F, Leve, L D, Nixon, E, Cane, T, Cassell, J A and Harold, G T - Adoption and Fostering, 25 Sep 2018

This paper summarises how genetically-informed research designs can help disentangle genetic from environmental processes underlying psychopathology outcomes for children, and how this evidence can provide improved insights into the development of more effective preventative intervention targets for adoption and foster-care families.

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Inter‐country adoption in Australia: Examining the factors that drive the practice and implications for policy reform

Fiona Hilferty & Ilan Katz - Australian Journal of Social Issues, 23 Sep 2018

The article presents the findings of an international literature review conducted to examine the factors that drive inter‐country adoption rates within both sending and receiving countries.

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Country Care Review: Algeria

Better Care Network , 21 Sep 2018

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.

Country Care Review: Poland

Better Care Network, 21 Sep 2018

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.

Understanding adoptive families: The role of the health visitor

Sabrina Purse - Journal of Health Visiting, 18 Sep 2018

This article looks at the support adoptive families need in the crucial first stages of placement and the health visitor's role in the process.

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Does reunification matter? Differences in the social connection to tribe and tribal enrollment of American Indian fostered and adopted adults

Ashley L. Landers, Amy A. Morgan, Sharon M. Danes, Sandy White Hawk - Children and Youth Services Review, 17 Sep 2018

This study fills a gap within the literature by exploring differences in social connection to tribe and tribal enrollment among reunified and non-reunified American Indian adults.

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