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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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?”

Different sizes, similar challenges: Out of home care for youth in Germany and the Netherlands

Annemiek T. Harder, Maren Zeller, Mónica López, Stefan Köngeter, Erik J. Knorth, 31 Dec 2013

This article reviews the history and development of out-of-home care services in Germany and the Netherlands comparing trends and numbers.

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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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Overview of out of home care in the USA and Canada

Mark Courtney, Robert J. Flynn, Joël Beaupré, 30 Dec 2013

This paper provides overview of the US and Canada in-care system, noting certain differences and similarities between the two systems. Estimates of the number of children in care in Canada and data on children in the US foster care systems is also provided.

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Assessment of Community-and Family-Based Alternative Child-Care Services in Ethiopia

Getnet Tadele, Desta Ayode, Woldekidan Kifle, 28 Dec 2013

This assessment conducted by FHI 360, with support from Ethiopia's Ministry of Women, Youth and Children Affairs (MoWYCA) and the OAK Foundation aimed to generate evidence about formal community and family- based alternative child care services and service providing agencies in Ethiopia, with a particular focus on magnitude, quality and quality-assurance mechanisms.

Ending harmful institutions for children in Georgia

Save the Children, 19 Dec 2013

This video by Save the Children highlights the major reforms ongoing in Georgia to end harmful child institutionalisation and the work of its project to support the Government in this reform process.

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Evaluation of the Implementation of the National Strategy and Action Plan for the Reform of the Residential Childcare System in Moldova 2007-2012

Peter Evans, 04 Dec 2013

The Government of the Republic of Moldova launched its childcare reforms in 2006 aiming to establish a network of community social assistants, develop family support services and alternative family placement services, and reorganise residential childcare institutions. This evaluation reviews the implementation of the National Strategy and Action Plan for the Reform of the Residential Childcare System 2007–2012 approved by the Government of the Republic of Moldova in July 2007.

‘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: 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.