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: Liberia

Better Care Network , 04 Apr 2013

This country care review includes the Concluding Observations for the Committee on the Rights of the Child adopted as part of its examination of Liberia's second and fourth periodic reports at the 61st Session of the Committee held between 17 September and 5 October, 2012. The Committee’s recommendations on the issue of Family Environment and Alternative Care as well as other care relevant issues are highlighted.

Foster Care in India: An exploratory survey of the community perceptions and prospects for implementation of foster care in a developing nation

Ian Anand Forber-Pratt, Stephanie Loo, Sara Price, and Jyoti Acharya , 31 Mar 2013

This article presents the findings of an exploratory survey of community perceptions about foster care conducted in Udaipur City, Rajasthan, India, in order to assess the prospects for implementing foster care as an alternative to the dominant system of institutional care available to orphaned and abandoned children in India.

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Identifying Basic Characteristics of Formal Alternative Care Settings For Children: A Discussion Paper

Better Care Network, Family for Every Child, International Social Service, Save the Children, SOS Children’s Villages International , 16 Mar 2013

The discussion paper provides an overview of existing definitions of formal care within the UN Guidelines and a summary of the basic characteristics identified for each, together with explanations for the proposed characteristics.

Foster Care Services for Children in Moldova

Kelley McCreery Bunkers, 15 Mar 2013

This important assessment of foster care services in the Republic of Moldova explores the differences between the two main types of foster care services provided in that country, including in terms requirements and profiles of caregivers and of the children, the legal and policy framework underpinning them, including the legal status of the foster parent, as well as the allowances and benefits for each type of care

Country Care Review: Namibia

Better Care Network , 15 Mar 2013

This country care review includes the Concluding Observations for the Committee on the Rights of the Child adopted as part of its examination of Namibia’s combined second and third periodic reports at the 61th Session of the Committee held between 17 September and 5 October 2012, as well as other care-related concluding observations, ratification dates, and links to the Universal Periodic Review and Hague Intercountry Adoption Country Profile.

Country Care Review: Vietnam

Better Care Network , 01 Mar 2013

This country care review includes the Concluding Observations for the Committee on the Rights of the Child adopted as part of its examination of Vietnam’s combined third and fourth periodic reports at the 60th Session of the Committee held between 9 May and 15 June 2012. The Committee’s recommendations on the issue of Family Environment and Alternative Care as well as other care relevant issues are highlighted.

Country Care Review: Guyana

Better Care Network , 05 Feb 2013

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 during the sixty-second session (14 January- 1 February 2013) of Guyana’s combined second, third and fourth period reports to the Convention on the Rights of the Child, as well as other care-related concluding observations, ratification dates, and links to the Universal Periodic Review and Hague Intercountry Adoption Country Profile.

Country Care Review: Niue

Better Care Network , 29 Jan 2013

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 during the sixty-second session (14 January- 1 February 2013) of Niue’s initial report to the Convention on the Rights of the Child, as well as other care-related concluding observations, ratification dates, and links to the Universal Periodic Review and Hague Intercountry Adoption Country Profile.

Country Care Reviews: Burkina Faso

Better Care Network , 25 Jan 2013

Care related Concluding Observations adopted by the Committee on the Rights of the Child on the initial report of Burkina Faso under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

Country Care Review: USA

Better Care Network , 24 Jan 2013

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 United States of America’ second periodic report under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, as well as other care-related concluding observations, ratification dates, and links to the Universal Periodic Review and Hague Intercountry Adoption Country Profile.