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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Vers une plus grande compétence : Apprendre des échecs de l’adoption internationale

Cécile Jeannin - Service Social International, 2017

Cette nouvelle publication du SSI sur les échecs de l'adoption internationale a pour vocation d'accompagner et d'outiller les professionnels des Autorités Centrales et compétentes et des organismes agréés d'adoption, les personnes adoptées et les parents adoptifs, afin de mieux prévenir et gérer les crises voire échecs que peuvent traverser les familles adoptives.

Post-adoption support and interventions for adoptive families: Best practice approaches

Julie Selwyn - German Research Center on Adoption (EFZA) , 2017

This rapid literature review was commissioned by the German Research Centre on Adoption (EFZA) located at the German Youth Institute in Munich (Germany). The overall aim of the review was to consider the support needs of domestic and intercountry adoptive families and the evidence for effective interventions. Step-parent, relative and domestic private adoptions were excluded.

From Intercountry Adoption to Global Surrogacy: A Human Rights History and New Fertility Frontiers

Karen Smith Rotabi and Nicole F. Bromfield, 2017

Extracting on chronologic data, this book discusses the politics and practice of intercountry adoption starting with the state international adoption to in the 1950s continuing to present-day adoption practice and protections.

The Nation's Children 2017

Child Welfare League of America, 2017

The Nation's Children 2017 provides the most up-to-date data on the status of children in the United States, with statistics on children in out-of-home care, child abuse and neglect, adoption, poverty and other risk factors, and more.

Adoption a sensitive topic in South Africa

Aljazeera English, 23 Dec 2016

This video discusses the challenges social workers face in placing children for adoption in South Africa.

Country Care Review: Suriname

Better Care Network, 09 Nov 2016

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

Country Care Review: Ethiopia

Better Care Network, 04 Nov 2016

This country care review includes the care-related Concluding Observations adopted by the Committee on the Rights of Persons with Disabilities during the sixteenth session (15 Aug 2016 – 2 Sep 2016) of the Convention on the Rights of Persons with Disabilities.

Summary advisory report ‘Reflection on Intercountry Adoption’ of the Council for the Administration of Criminal Justice and Protection of Juveniles

Raad Voor Strafrechtstoepassing en Jeugbescherming, 02 Nov 2016

This document discusses the means by which the Council for the Administration of Criminal Justice and Youth Protection in the Netherlands (the Council) can provide the highest level of protection for children placed in the intercountry adoption focus group.