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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Exploring the path from foster care to stable and lasting adoption: Perceptions of foster care alumni

E. Susana Mariscal, Becci A. Akin, Alice A. Lieberman, DaKie Washington - Children and Youth Services Review, 28 May 2015

This qualitative study explored perceptions of youth with foster care experiences in the US, regarding successful adoption.

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Manifiesto por una Ética de la Adopción Internacional

International Social Service (ISS), 01 May 2015

El Servicio Social Internacional lanza su Manifiesto por una ética de la adopción internacional.

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Manifesto For Ethical Intercountry Adoption

International Social Service (ISS), 01 May 2015

The International Social Service (ISS) has launched its Manifesto For Ethical Intercountry Adoption. The Manifesto seeks to promote ethical practices by all adoption stakeholders to better protect children, whether in the receiving country or country of origin, including inter alia, biological parents, adoptive parents, professionals and government representatives.

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Manifeste pour une Éthique de l’Adoption Internationale

International Social Service (ISS), 01 May 2015

Le Service Social International lance son Manifeste pour une éthique de l’adoption internationale.

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Chapter 1: Towards belonging: conceptual definitions

Andrew Briggs - Towards Belonging: Negotiating New Relationships for Adopted Children and Those in Care, 30 Apr 2015

The ideas and questions raised in this chapter derive from the referrals of children in care or adopted whom the author has seen for psychotherapy.

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Public Perceptions, Beliefs and Experiences of Fostering and Adoption: A National Qualitative Study in South Africa

Tamsen J Rochat, Zitha Mokomane, Joanie Mitchell, The Directorate - Children & Society , 17 Apr 2015

This qualitative research explored perceptions, beliefs, and experiences of adoption and fostering among a national sample of childless adults, biological parents, kin and non-kin fostering parents and prospective and successful adopters.

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Permanence for Disabled Children and Young People through Foster Care and Adoption: A Selective Review of International Literature

Vicki Welch, Christine Jones, Kirsten Stalker, Alasdair Stewart - Children and Youth Services Review, 25 Mar 2015

This review of literature covers international material related to stability and permanence for disabled children, in particular permanence achieved through fostering and adoption.

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‘We were not planning on this, but . . .’: Adoptive parents’ reactions and adaptations to unmet expectations

April M. Moyer and Abbie E. Goldberg, 05 Mar 2015

This study carried out in the United States used a lens of family stress theory to explore adoptive parents’ responses to unexpected characteristics of their children.

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Support Matters: Lessons from the Field on Services for Adoptive, Foster, and Kinship Care Families

AdoptUSKids, 01 Mar 2015

This guide is intended to equip State, Tribal, and Territorial child welfare managers and administrators — as well as family support organizations — with current information about effective strategies for developing data-driven family support services and research findings to help them make the case for implementing and sustaining these services.

Family Preservation in Udaipur, Rajasthan India: Rapid Assessment of 366 Palanhar Yojana Families

Sophia Gardner, Bhagyashri Bhandakkar, Rajesh Sharma, Ian Anand Forber-Pratt - Foster Care India , 18 Feb 2015

In January and February of 2015, in order to create an evidence-based foundation on which to design community-oriented family preservation services, FCI conducted a rapid assessment survey of 366 Palanhar Yojana beneficiary families in the city of Udaipur, Rajasthan, India.