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: Iran

Better Care Network, 14 Mar 2016

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

Child maltreatment: Understanding national and state-level trends

Child Trends, 01 Mar 2016

Child Trends recently released three sets of child welfare fact sheets detailing child maltreatment, foster care, and adoption statistics from the United States for federal fiscal year (FFY) 2013. Each set of 52 fact sheets uses state and national data to tell a story about the U.S.'s most vulnerable children and youth, a story that varies dramatically by state.

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Internationally adopted children's general and adoption-specific stressors, coping strategies and psychological adjustment

Marta Reinoso, Noemí Pereda, Linda Van den Dries and Carlos G. Forero - Child and Family Social Work, 01 Feb 2016

This study examined stress, coping and psychological adjustment of 68 children, aged 8–12, who were internationally adopted to Spain.

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Video: Praise's story

Child's i Foundation, 31 Jan 2016

This video by Child's i Foundation in Uganda document's the journey of a little girl, Praise, from being abandoned to being placed into to a permanent family. The video shows the tracing process and temporary placement with a foster car

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Children's rights, domestic alternative care frameworks and judicial responses to restrictions on inter-country adoption: A case study of Malawi and Uganda

Danwood Chirwa - African Human Rights Law Journal, 02 Jan 2016

Through a study of the legal frameworks and court decisions of Malawi and Uganda, this article demonstrates that some of the most common restrictions on inter-country adoption do not serve the best interests and rights of the child.

A Proposal to Eliminate a Black Market for Children

Sean McIntyre - Case Western Reserve Law Review, 2016

This article from the Case Western Reserve Law Review journal in the United States presents a proposal to reduce, and ultimately eliminate, the rehoming of adopted children in the United States.

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Translations in Kinscripts: Child Circulation among Ghanaians Abroad

Cati Coe - Affective Circuits: African Migrations to Europe and the Pursuit of Social…, 2016

This chapter discusses the practice of child circulation in Ghana.

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L’adoption comme mesure de protection de l’enfance en Republique d’Armenie : rapport d’evaluation

International Social Service - ISS, 2016

Ce rapport est basé sur une évaluation indépendante du SSI réalisée en 2015, sur le mandat de l'UNICEF Arménie et du Ministère de la Justice Arménien. Il s’inscrit dans le cadre d’un projet de réforme lancé par les autorités arméniennes en vue d’améliorer le système de protection de l’enfance et de mieux intégrer les principes de la Convention de La Haye dans la pratique de l’adoption.

Medical and Social Models of Orphanhood: Resilience of Adopted Children and Adoptive Families

Alexander V. Makhnach - The Routledge International Handbook of Psychosocial Resilience, 2016

This article studies different medical and psychological models of orphanhood and the effects these models have on the resiliency of orphanhood.

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Philippines Alternative Care Case Study

Martin James Foundation, 2016

As part of phase one of the development of the Martin James Foundation's Asia Care Network, comprehensive studies of the care system in each country were conducted to highlight the need for developing alternative care systems across South-East Asia. This case study highlights the relevant data from the Philippines.