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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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.

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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Inter-Country Adoption of Children Born in the United States

Madeline H. Engel, Norma K. Phillips, and Frances A. Della Cava - Sociology Between the Gaps: Forgotten and Neglected Topics , 2015

This article provides an overview of inter-country adoption of children from the United States to other countries.

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