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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A Snapshot of Alternative Care Arrangements in Malawi

SOS Children’s Villages International, 2013

This report from SOS Children’s Villages assesses Malawi’s compliance with, and implementation of, the UN Guidelines on the Alternative Care of Children.

Out of home care in France and Switzerland

Thomas Gabriel, Samuel Keller, Flora Bolter, Marie-Paule Martin-Blachais, Gilles Séraphin, 2013

This article focuses on the structural similarities and dissimilarities that exist between child protection systems in France and Switzerland, as exemplified by the evolutions of the last decade.

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A Snapshot of Alternative Care Arrangements in Kenya

SOS Children’s Villages International, 2013

This report presents findings from an assessment of Kenya's implementation of the UN Guidelines for the Alternative Care of Children.

FY 2012 Annual Report on Intercountry Adoption January 2013

U.S. Department of State, 2013

This document presents the data on intercountry adoptions to the United States in the Fiscal Year 2012, as per the U.S. State Department.

The Challenge of Reforming Child Protection in Eastern Europe: The Cases of Hungary and Romania

Roxana Anghel, Maria Herczog, Gabriela Dima, 2013

This paper discusses the challenges of reforming the child welfare and protection systems in Hungary and Romania -two countries in transition from socialism to capitalism- and the impact on children, young people, families, and professionals. The focus is on the efforts made to deinstitutionalise children from large institutions, develop local prevention services, and develop alternatives to institutional care.

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A Snapshot of Alternative Care Arrangements in Tanzania

SOS Children’s Villages, 2013

This report and research conducted by SOS Children’s Villages reviews alternative care arrangements in Tanzania.

India: Annual Report of the Ministry of Women and Child Development

The Indian Ministry of Women and Child Development, 01 Dec 2012

In its Annual report (2011-2012), the Indian Ministry of Women and Child Development reports on progress in the implementation of the Integrated Child Protection Scheme (ICPS), a new policy and programmatic strategy that specifically articulates the need to move away in approach and services from over-reliance on institutional care and towards responses that support family based care.

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Belarus: System of Detection, Intervention, Care, and Rehabilitation of Children Under 3 with Special Needs

Elena Bogdan, Ministry of Health of the Republic of Belarus, 22 Nov 2012

This presentation to the 2012 Sofia Conference introduces social services available in Belarus for the identification, intervention, care, and rehabilitation of children under the age of 3 with disabilities, in order to prevent their abandonment and placement in institutions.

Deinstitutionalization of Children in Bulgaria: Real and Irreversible

Darinka Yankova, Deputy Chairperson of the State Agency for Child Protection, 21 Nov 2012

This presentation to the 2012 Sofia Conference by Darinka Yankova, Deputy Chairperson of the State Agency for Child Protection addresses the challenges and the new vision for the deinstitutionalization of children in the Republic of Bulgaria.

Moldova: Cooperation Between Ministries in Preventing Infant Mortality and Child Institutionalization

Valentina Buliga, Minister of Labor in Moldova, Social Protection and Family, 20 Nov 2012

This presentation to the 2012 Sofia Conference by Valentina Buliga, Minister of Labor in Moldova, Social Protection and Family, introduces Moldova's ongoing collaboration between the Ministry of Health and the Ministry of Labor to reduce infant mortality and the placement of children under the age of 3 in institutions.