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 Bill No. 2 - Uganda

The Republic of Uganda, 13 Feb 2015

In 2015, the Parliament of the Republic of Uganda considered the Children Amendment Bill, which has several implications for children’s care in the country. The object of the bill is to amend the Children Act Cap. 59, enhance protection of a child, provide for the guardianship of children, provide for inter country adoption, prohibit corporal punishment, and provide for related matters.

Please Confirm Your Online Order: One Child Adopted from Overseas at No Cost

Destinee Roman - Houston Law Review , 08 Feb 2015

In this comment, published in the Houston Law Review, the author, Destinee Roman describes and assesses the practice of “re-homing” adopted children.

Country Care Review: Cambodia

Better Care Network, 04 Feb 2015

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

Intercountry Adoption Agencies and the HCIA

Peter Selman, 22 Jan 2015

This report discusses concerns raised by participants of Thematic Area 3 (Intercountry Adoption Agencies and the HCIA) of the International Forum on Intercountry Adoption and Global Surrogacy held in August 2014.

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The Intercountry Adoption Debate: Dialogues Across Disciplines

Editors: Robert L. Ballard, Naomi H. Goodno, Robert F. Cochran, Jay A. Milbrandt , 02 Jan 2015

This edited volume introduces the complexity of intercountry adoption and gives voice to the many sides of the intercountry adoption debate – for, against, and the ranges in between.

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The First Peoples Child and Family Review: Special Issue on Custom Adoptions

The First Peoples Child and Family Review Vol 10, No 1 (2015) , 2015

The First Peoples Child & Family Review proudly presents this Special Edition on Custom Adoptions in partnership with the Siem Smun’eem Indigenous Child Wellbeing Research Network at the University of Victoria. This edition contains research articles, agency experiences, cultural perspectives and personal stories that highlight custom adoption from a historical and contemporary perspective.

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Lessons Learned From The YTSA Open Custom Adoption Program

Jeannine Marie Carriere - The First Peoples Child and Family Review Vol 10, No 1 (2015) , 2015

This article is a review of lessons learned from the Yellowhead Tribal Services Agency (YTSA) pilot program.

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Model Guidelines for Foster Care, 2015 - India

Ministry of Women and Child Development, India, 2015

These Guidelines for Foster care aim to protect the well-being of children in India who are deprived of family care or who are at risk of being so.

Adoption as a Child Protection Measure in the Republic of Armenia: Assessment Report

ISS, 2015

This report includes a number of observations about the adoption situation in Armenia as well as makes diverse recommendations targeting key actors.

The Effect of International Adoption as an Orphan Care Method in Uganda

Amy N. Bergey - Southeastern University, 2015

This literature review addresses how international adoption affects Uganda’s orphan care methods from both micro and macro perspectives.