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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Does Family Matter? The Well-Being of Children Growing Up in Institutions, Foster Care and Adoption

Christie Schoenmaker, Femmie Juffer, Marinus H. van IJzendoorn, and Marian J. Bakermans-Kranenburg - In A. Ben-Arieh et al. (eds.), Handbook of Child Well-Being, Springer Science+Business Media Dordrecht, 03 Jul 2014

In this chapter of the Handbook of Child Well-Being, the authors review the findings from research on the cognitive and social-emotional development of children growing up in institutions, foster care and adoption.

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Contextual Adaptation of Family Group Conferencing Model: Early Evidence from Guatemala

Jini L. Roby, Joan Pennell, Karen Rotabi, Kelley McCreery Bunkers, and Sully de Ucles, British Journal of Social Work (2014) 1–17, 17 Jun 2014

This article discusses the challenges in protecting Guatemalan children and their families from involuntary separation and presents the process, results and implications of a pilot training in which Guatemalan participants from government and civil society explored the efficacy and feasibility of the FGC model in their country.

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Country Care Review: Kyrgyzstan

Better Care Network, 13 Jun 2014

This country care review includes the care related Concluding Observations adopted by the Committee on the Rights of the Child as part of its examination of the third and fourth periodic reports of Kyrgyzstan (CRC/C/KGZ/4-5) during its 65th Session at its 1880th and 1881st meetings held on 28 May 2014, and adopted, at its 1901st meeting, held on 13 June 2014.

Country Care Review: Saint Lucia

Better Care Network, 13 Jun 2014

This country care review includes the care related Concluding Observations adopted by the Committee on the Rights of the Child as part of its examination of the second to fourth periodic reports of Saint Lucia (CRC/C/LCA/2-4) during its 65th Session at its 1892nd and 1893rd meetings held on 6 June 2014, and adopted, at its 1901st meeting, held on 13 June 2014.

Niños, Orfanatos y Familias

Kelley Bunkers, Amanda Cox, Sarah Gesiriech, and Kerry Olson, Faith to Action Initiative, 12 Jun 2014

El presente resumen de investigaciones se ofrece a iglesias, organizaciones religiosas y personas de fe que buscan información basada en pruebas sobre la mejor manera de cuidar a huérfanos y niños separados del cuidado parental.

Children, Orphanages, and Families: a Summary of Research to Help Guide Faith-based Action

Kelley Bunkers, Amanda Cox, Sarah Gesiriech, and Kerry Olson, Faith to Action Initiative, 12 Jun 2014

This Summary of Research provides a concise overview of a range of studies and findings that can inform approaches to caring for children who, through orphanhood, abandonment, or other causes, have been separated from parental care.

Les enfants, les orphelinats et les familles

Kelley Bunkers, Amanda Cox, Sarah Gesiriech, and Kerry Olson, Faith to Action Initiative, 12 Jun 2014

Ce résumé sur les recherches est offert aux églises, aux organisations confessionnelles et aux personnes de foi qui cherchent des informations factuelles sur les meilleures façons de venir en aide aux orphelins et aux enfants privés de la protecti

Hague Note on the Financial Aspects of Intercountry Adoption

Permanent Bureau, Hague Conference on International Private Law, 01 Jun 2014

To address the issues related to the financial aspects of intercountry adoptions, the Hague Convention initiated an Experts’ Group, which met in October 2012 and produced nine Conclusions and Recommendations, which they brought to the Permanent Bureau to publish as a “Note”.

Islamic kafalah as an alternative care option for children deprived of a family environment

Usang M Assim and Julia Sloth-Nielsen, 30 Apr 2014

This article specifically focuses on kafalah as an alternative care option for children deprived of a family environment in comparison with other forms of alternative childcare.

Christianity’s Commitments to Nurturing and Protecting Children: Biblical Foundations

Mary J. Bunge - Child Abuse and Neglect Journal, Volume 38, Issue 4, 30 Apr 2014

This article provides examples from the Christian Bible to suggest that Christianity offers many principles and mandates that promote Christians to protect and nurture children.

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