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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‘Everybody’s Child’ but ‘Nobody’s Child’: Strengthening Alternative Family and Community Based Care Options for Abandoned Children Placed in Ugandan Institutions.

Nakimbugwe Grace Lisa - The Hague, 01 Dec 2013

The study examined alternative family and community care options and how they can be strengthened; cultural attitudes and perceptions of the communities and experiences of prospective foster and adoptive parents as regards reunification, kinship care, fostering and adoption.

Foster Family: A Study on the Practice of Foster Care for Children In India

Bosco National Research And Documentation Center, 01 Dec 2013

This important study on foster care practices in India provides important insight into the history, approaches, challenges and opportunities facing the development of foster care services in the country, presenting a picture of foster care practices across nine Indian states.

MOLDOVA: General Presentation "Protecting Children of Moldova from Family Separation, Abuse, Neglect and Exploitation"

Dr. Stela Grigorash, 17 Oct 2013

The first of two important presentations by Dr. Stela Grigorash, the Director of Partnerships for EveryChild Moldova, on the important work and lessons learnt in reforming the care system in that country.

MOLDOVA: Technical Presentation "Protecting Children of Moldova from family separation, abuse, neglect and exploitation"

Dr. Stela Grigorash, 17 Oct 2013

The second of two important presentations by Dr. Stela Grigorash, the Director of Partnerships for EveryChild Moldova, on the important work and lessons learnt in reforming the care system in that country.

Ending the Placement of Children Under Three in Institutions: Report from the International Ministerial Conference, Sofia, November 2012

UNICEF , 01 Oct 2013

This Report from the international ministerial conference, held in Sofia, 21–22 November 2012, entitled 'Ending the placement of children under three in institutions: support nurturing families for all young children', brings together the presentations, political commitments and priority actions identified by the participants, including 20 governments from Eastern Europe and Central Asia.

Indonesia: Changing the Paradigm - Save the Children's Work to Strengthen the Child Protection System 2005-2012

Florence Martin, 01 Oct 2013

This report documents the work conducted by Save the Children in collaboration with the Indonesian Ministry of Social Affairs over a period of 7 years to strengthen the national child protection system and change the underlying paradigm for that system away from over-reliance on residential care and towards child and family centered responses.

Alternative Care in Laos: An Exploratory Study With Children and Caregivers

Monica Ruiz-Casares, 30 Sep 2013

This report summarizes the findings of a study on parental and alternative childcare in Luang Prabang and Xayabury provinces in Northern Lao People’s Democratic Republic.

Social Justice and Intercountry Adoptions: The Role of the U.S. Social Work Community

Jini L. Roby, Karen Rotabi, and Kelley M. Bunkers , 19 Sep 2013

Using social justice as the conceptual foundation, the authors present the structural barriers to socially just intercountry adoptions (ICAs) that can exploit and oppress vulnerable children and families participating in ICAs. They argue that such practices threaten the integrity of social work practice in that arena and the survival of ICA as a placement option.

USA: Trends in Foster Care and Adoption (2002-2012)

U.S. Children's Bureau, 13 Sep 2013

This chart produced by the US Government's Children's Bureau includes data submitted to the Adoption and Foster Care Analysis and Reporting System (AFCARS) by US States, the District of Columbia and Puerto Rico by July 19, 2013.

Better Care Network, 22 Jul 2013

India submitted its third and fourth combined report on the implementation of the Convention on the Rights of the Child.