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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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.

Value for Money Audit Report on the Management and Handling of Child Adoption Process in Uganda

Auditor General, the Republic of Uganda, 01 Mar 2014

The aim of this audit was to assess how the Ministry of Gender, Labour and Social Development (MOGLSD) is handling the current adoption process of children leaving in a bid to protect their rights and welfare.

Better Care Network Strategic Plan 2014 - 2017

Better Care Network, 28 Feb 2014

In 2013, Better Care Network (BCN) initiated an important process of developing a new Strategic Plan identifying the main strategic focus for its work over the next four years (2014-2017). The plan is based on an analysis of BCN’s achievements to date, the strategic areas in which BCN can have most impact in the future by working with key actors to strengthen the response to children without adequate family care.

Save the Children: Position Statement on Families

Save the Children, 28 Feb 2014

This position statement by Save the Children highlights the central place of families in numerous international legal instruments and how the concept has been understood. It also clarifies its own understanding of families and reviews key provisions under international law regarding their crucial role and responsibilities, and that of States towards them.

Country Care Review: Congo

Better Care Network, 30 Jan 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 combined second to fourth periodic report of the Congo under Convention on the Rights of the Child at its sixty-fifth Session (13 Jan 2014 - 31 Jan 2014).

Drumming Together for Change: A Child’s Right to Quality Care in Sub-Saharan Africa

SOS Children’s Villages, Centre for Excellence for Looked After Children in Scotland, University of Malawi, 2014

This report is based on a synthesis of eight assessments of the implementation of the Guidelines for the Alternative Care of Children (“the Guidelines”) in Benin, Gambia, Kenya, Malawi, Tanzania, Togo, Zambia and Zimbabwe.

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The Best Interests of the Child in Intercountry Adoption

Nigel Cantwell, UNICEF, 2014

This study, conducted by Nigel Cantwell and UNICEF, seeks to answer the question: “what is it that enables a policy, process, decision or practice to be qualified as either respectful or in violation of the best interests of the child in intercountry adoption?”

The Revised Integrated Child Protection Scheme (ICPS): A Centrally Sponsored Scheme of Government – Civil Society Partnership - India

Ministry of Women & Child Development, Government of India, 2014

The Integrated Child Protection Scheme (ICPS) of India outlines, and contributes to the implementation of, the Government’s responsibility to establish an effective and efficient child protection system.

UNHCR Child Protection Issue Brief: Alternative Brief

UNHCR, 2014

This issue brief from the UNHCR highlights key messages from UNHCR in regards to alternative care, including the importance of making alternative care arrangements based on the best interests of the child and using residential or institutional care only as a very last resort.

Current trends, figures and challenges in out of home child care: An international comparative analysis

Jorge F. del Valle and Amaia Bravo, 31 Dec 2013

This article closes a special edition focused on the state of child protection in 16 countries chosen to represent very different cultural contexts, historical backgrounds, and social welfare systems with special attention to out-of-home care placements, principally family foster care and residential care, though several aspects related to adoption were included as well.

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