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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Can adoption at an early age protect children at risk from depression in adulthood? A Swedish national cohort study

Anders Hjern, Jesus Palacios, Bo Vinnerljung - BMJ Paediatrics Open, 12 Nov 2018

The aim of this study was to investigate whether the risk of depression in adulthood in children raised by substitute parents from an early age differ by care arrangements.

Corruption affects Ugandan children

The National Child Protection Working Group (NCPWG), 01 Nov 2018

This brief from the National Child Protection Working Group (NCPWG) examines the types of corrupt practices experienced by children in Uganda and what can be done to close the loop holes that allow such corrupt practices. The brief highlights the impacts of corruption on children's wellbeing including "instances of falsifying birth histories of children to qualify for orphan status and consequently eligibility for international adoption."

Guidelines on Assessing and Determining the Best Interests of the Child 2018

UN High Commissioner for Refugees (UNHCR), 01 Nov 2018

These updated UN High Commissioner for Refugees (UNHCR) Guidelines provide guidance on determining the best interests of the child in decisions affecting children at risk, in particular children who are separated from their parents and families.

Practices to improve communication between birth parents and permanent families

Collings, Susan; Neil, Elsbeth and Wright, Amy Conley - Advances in Social Work and Welfare Education, 01 Nov 2018

This article explores casework practices developed for use in child welfare placements that may be successfully applied to New South Wales to help build the practical skills needed to facilitate openness, empathy and respectful interactions between children in permanent care and their birth families.

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Attachment to Parents and Aggressiveness in Adopted Adolescents: A Multi‐Sample Comparison Study

Barbara Torres‐Gomez, Itziar Alonso‐Arbiol, Miriam Gallarin - Journal of Research on Adolescence, 31 Oct 2018

This study examined adopted adolescents’ levels of attachment security to parents and aggressiveness as compared to those of community nonadopted adolescents and of clinical nonadopted adolescents.

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Adoptive parents’ experiences of dyadic developmental psychotherapy

Megan Wingfield & Ben Gurney-Smith - Clinical Child Psychology and Psychiatry, 25 Oct 2018

This study aimed to understand the experience of adoptive parents who have completed dyadic developmental psychotherapy (DDP) therapy.

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Country Care Review: Bulgaria

Better Care Network, 22 Oct 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: 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

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.