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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The Children (Amendment) Act, 2016

The Republic of Uganda, 2016

The Children (Amendment) Act of 2016 is an Act to amend the Children's Act Cap. 59 of Uganda to enhance the protection of children; to strengthen the provision for guardianship of children; to strengthen the conditions for intercountry adoption; to prohibit corporal punishment; to provide for the National Children Authority; repeal the National Council for Children Cap. 60 and to provide for other related matters.

Data-Driven Decision Making: Video Series

James Bell Associates, 2016

This three-part video series shows how a fictional organization, Greene County Department of Human Services, set out to improve permanency for children and youth by increasing the number of available foster and adoptive homes using data-driven decision making (DDDM).

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Trends in U.S. Adoptions: 2008–2012

Child Welfare Information Gateway, 2016

This report presents data on the total number of adoptions in the United States as well as the number of public, intercountry, and other adoptions.

Responding to Illegal Adoptions: A Professional Handbook

International Social Service (ISS), 2016

ISS has developed a handbook for professionals working in the adoption field that provides guidance on how to respond when illegal practices have been identified in an adoption case.

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.

Government of India Press Release: Series of New Initiatives for Development of Women and Children Mark the Achievements of WCD Ministry this Year

Government of India, Ministry of Women and Child Development, 28 Dec 2015

A press release from the Ministry of Women and Child Development, Government of India recapped a series of new initiatives by the Ministry during 2015. The achievements relevant to children’s care are briefly described below and include the launch of the flagship programme Beti Bachao Beto Padhao for protection of the girl child; several initiatives to track, restore, and rehabilitate missing children; and adoption reforms and a new foster care system.

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