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 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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Force, Fraud, and Coercion Bridging from Knowledge of Intercountry Adoption to Global Surrogacy

Karen Smith Rotabi , 01 Dec 2014

This report discusses concerns raised by participants of Thematic Area 4 (Force, Fraud and Coercion) of the International Forum on Intercountry Adoption and Global Surrogacy held in August 2014.

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Intercountry Adoption, Countries of Origin, and Biological Families

Riitta Högbacka, 01 Dec 2014

This report discusses concerns raised by participants of Thematic Area 2 (Intercountry Adoption, Countries of Origin, and Biological Families) of the International Forum on Intercountry Adoption and Global Surrogacy held in August 2014.

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HCIA Implementation and the Best Interests of the Child

Sarah Richards, 01 Dec 2014

This report presents the topics and prevalent discussion points of the participants in Thematic Area 1 (HCIA implementation and the best interests of the child) of the International Forum on Intercountry Adoption and Global Surrogacy held at the International Institute of Social Studies in The Hague, the Netherlands, 11-13 August 2014.

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Executive Summary of the International Forum on Intercountry Adoption and Global Surrogacy

Kristen E. Cheney , 01 Dec 2014

This executive summary is the first document in a series of six reports, from the International Institute of Social Studies of Erasmus University (ISS), about the International Forum on Intercountry Adoption and Global Surrogacy, held in August 2014.

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Global Surrogacy Practices

Marcy Darnovsky and Diane Beeson , 01 Dec 2014

This report summarises discussions of participants in Thematic Area 5 (Global Surrogacy Practices) of the International Forum on Intercountry Adoption and Global Surrogacy held in August 2014.

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Study on Legal Guardianship and Adoption Practices in Uganda

Dr. Hope Among - UNICEF & The Republic of Uganda, 01 Dec 2014

This study on legal guardianship and adoption practices in Uganda was designed to explore and get insight into current care practices.