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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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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A study of children in institutions offers a perspective on the cognitive benefits of parenting

Mary K. Rothbart and Michael I. Posner, Times Higher Education, 13 Mar 2014

This article reviews a new book by Charles A. Nelson, Nathan A. Fox and Charles H. Zeanah who conducted seminal studies in Romania on children who were institutionalised, comparing their developmental and well-being outcomes to children who were placed in foster care or adoptive families.

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Country Care Review: Paraguay

Better Care Network, 13 Mar 2014

This country care review includes the care related Concluding Observations adopted by the Committee on the Rights of Persons with Disabilities as part of its examination of Paraguay's initial report adopted by the Committee at its ninth session, as well as other care-related concluding observations, ratification dates, and links to the Universal Periodic Review and Hague Intercountry Adoption Country Profile.

Global Research, Practice, and Policy Issues on the Care of Infants and Young Children at Risk: The Articles in Context

Robert B. McCall, Christina J. Groark and Niels P. Rygaard, 12 Mar 2014

This introductory article of a Special Issue of Infant Mental Health Journal on Global Research, Practice, and Policy Issues in the Care of Infants and Young Children at Risk provides a useful overview, placing the articles in the broader contexts of research on institutionalized children and different initiatives to prevent inappropriate care, either through addressing the quality of the care provided or ensuring the appropriateness of the type of care environment provided.

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Adoption Policy and Evidence-Based Domestic Adoption Practice: A Comparison of Romania, Ukraine, India, Guatemala, and Ethiopia

Victor Groza and Kelley M. Bunkers - Infant Mental Health Journal, 11 Mar 2014

This article uses data collected from adoptive parents’ postadoption and governmental data in Romania, Ukraine, India, Guatemala, and Ethiopia to focus on domestic adoption in each of these countries. The article highlights both promising practices in domestic adoption as well as policies and practices that require additional research.

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Country Care Review: Sao Tome and Principe

Better Care Network, 04 Mar 2014

This country care review includes the Concluding Observations for the Committee on the Rights of the Child adopted as part of its examination of Sao Tome's combined second to fourth periodic reports at the 64th Session of the Committee held between 16 September to 4 October 2013.

Country Care Review: China

Better Care Network, 04 Mar 2014

This country care review includes the Concluding Observations for the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilites.