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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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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Uganda’s child adoption ‘market’ brings misery and confusion

Amy Fallon, The Guardian, 06 Oct 2014

Family distraught at losing contact with son, now living 8,000 miles away in US after adopters told he was abandoned

Guidelines for the Alternative Family Care of Children in Kenya

Government of the Republic of Kenya and UNICEF, 01 Oct 2014

The initial goal of the development of these guidelines was to seek to regulate Guardianship and Foster Care of children in Kenya.

Children Looked After in England (Including Adoption and Care Leavers) Year Ending 31 March 2014

Department for Education, United Kingdom , 30 Sep 2014

This report includes the statistical information regarding looked-after children in the UK for the year 1 April 2013 to 31 March 2014.

Children Grow Best in Families - Video

Wendy McMahan - Faith to Action Initiative , 01 Sep 2014

Wendy McMahan, Director of Church Engagement for Food for the Hungry, shares a personal anecdote from her own family, illustrating the importance of family care.

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Orphans and Economics

The Lost Daughters - Aselefech Evans, 23 Jul 2014

This piece, written by Aselefech Evans, a woman adopted from Ethiopia when she was five years old, addresses the issue of family preservation and international adoption.

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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: 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.