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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Guidelines for Action on Intercountry Adoption of Children in Africa

The African Child Policy Forum , 01 Oct 2012

The Guidelines for Action on Intercountry Adoption of Children in Africa was adopted at the Fifth International Policy Conference on the African Child held on 29-30 May 2012 in Addis Ababa, Ethiopia. The objectives of the Guidelines are to facilitate and support the efforts of States to take all appropriate legal, administrative, and other measures to ensure that all persons and organizations involved in the adoption of a child act in conformity with applicable international legal instruments. Recommendations are set forth for central authorities and accredited bodies.

Africa: The New Frontier for Intercountry Adoption

The African Child Policy Forum, 30 Sep 2012

This publication was prepared as a background document to inform the discussions and debates during the Fifth International Policy Conference on the African Child held on 29-30 May 2012 in Addis Ababa, Ethiopia. This report provides a situational analysis of the law and practice of intercountry adoption in Africa, with the aim of informing debate on conceptualizing, developing and implementing policies, laws, and programs and research in relation to intercountry adoption in Africa.

Intercountry Adoption Alternatives and Controversies: Proceedings of the Fifth International Policy Conference

The African Child Policy Forum , 30 Sep 2012

The Proceedings report presents summaries of all presentations delivered and of all plenary discussions held during each session of the Fifth International Policy Conference on the African Child (IPC) held on 29 and 30 May 2012 in Addis Ababa, Ethiopia, which brought together experts, policymakers, and key stakeholders to discuss various issues and the implications of intercountry adoption in Africa.

Intercountry Adoption Alternative and Controversies: The Fifth International Policy Conference on the African Child

The African Child Policy Forum, 30 Sep 2012

This document provides an overview of The Fifth International Policy Conference on the African Child held on 29-30 May 2012 at the United Nations Conference Center Addis Ababa, Ethiopia. The overall goal of the Fifth IPC was to further the discussion on intercountry adoption and to contribute to the improvement of national laws, policies, systems and procedures relating to intercountry adoption.

Foster Care and Adoption Policy in Lesotho

Ministry of Social Development, Government of Lesotho, 07 Aug 2012

A document containing the policy for foster care and adoption in Lesotho.

Foster Care and Adoption Procedures and Practice Guidelines for Lesotho

Ministry of Social Development, Government of Lesotho, 01 Aug 2012

This document contains the Procedures and Practice Guidelines for Foster Care and Adoption in Lesotho.

Adopting Better Care: Improving Adoption Services Around the World

EveryChild , 06 Jul 2012

In the third edition of EveryChild’s working paper series, Positive Choices, the practices of domestic and inter-country adoption are examined. The paper aims to explore why adoption is so rarely used globally, and to examine whether or not an expansion of adoption services could offer a potential solution to the millions of children around the world in need of permanent care and currently languishing in harmful institutions.

Better Care Network, 06 Jun 2012

The People’s Republic of China issued its third and fourth combined report on the implementation of the Convention on the Rights of the Child in June 2012. This extract of the report focuses on sections relevant to children's care and in particular those addressing Family Environment and Alternative Care

Intercountry Adoption Policy Brief

Save the Children, 01 Jun 2012

This policy brief by Save the Children sets out the organization’s position on intercountry adoption, highlighting research findings and referring to international legal standards and good practices. Recognizing that intercountry adoption has played a role in allowing for abandoned, orphaned or children with disabilities to be raised in a loving family from another country, the organization stresses effective regulation to ensure it serves the best interest of the child and does not involve commercial or criminal gain, fraud, child trafficking, or the deception of the birth parents.

Development of Adopted Children with Histories of Early Adversity

Femmie Juffer Jesús Palacios Lucy Le Mare Edmund J. S. Sonuga‐Barke Wendy Tieman Marian J. Bakermans‐Kranenburg Panayiota Vorria Marinus H. van IJzendoorn Frank C. Verhulst, 21 Dec 2011

This chapter from Monographs of the Society for Research in Child Development Volume 76, Issue 4 first presents a review of research on the development of adopted children, focusing on meta‐analytic evidence and highlighting comparisons between adopted children with and without histories of early adversity.

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