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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Child Adoption and War: 'Living Disappeared' Children and the Social Worker's Post-Conflict Role in El Salvador and Argentina

Karen Smith Rotabi , 01 Nov 2012

This research paper provides a brief overview of the Vietnam Babylift and of a more recent child abduction attempt in Chad. Then, turning to the history of child abduction and adoption history in Latin America, the paper presents the conflicts of El Salvador and Argentina and discusses ‘living disappeared’ children – those who disappear into adoption networks during war. The research explores the post-conflict social realities in both nations. The role of the social worker and specific practices are identified and discussed in context of generalist social work practice.

A Child of the State

Lemn Sissay, 23 Oct 2012

In this TED Talk, poet and playwright Lemn Sissay tells his story of growing up in foster care in the UK.

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BCN , 18 Oct 2012

Care related section of the Government of the Republic of Indonesia's third and fourth combined report on the implementation of the Convention on the Rights of the Child (dated 18th October 2012).

De-institutionalisation and Quality Alternative Care for Children in Europe: Lessons Learned and the Way Forward

Eurochild and Hope and Homes for Children, 10 Oct 2012

This paper aims to raise awareness on the perverse effects of institutionalisation on children and it calls for comprehensive system reforms, starting with a transition towards family and community-based care. It highlights country level lessons learnt in the European context that demonstrate how deinstitutionalisation can be achieved in practice.

The Addis Ababa Communique on Intercountry Adoption

The African Child Policy Forum, 01 Oct 2012

In the recently released outcome document of the Fifth International Policy Conference on the African Child, conference delegates call for a reversal of the current trend of resorting to intercountry adoption as a primary solution for African children in need of alternative care, and for giving prime priority to enabling all children in Africa to remain with their families and communities.

Intercountry Adoption: An African Perspective

The African Child Policy Forum , 01 Oct 2012

This publication, published in French, 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 examines the rationale behind increasing intercountry adoption in Africa, the main thrust of international standards, the extent and magnitude of African intercountry adoption and its problems and challenges. The paper provides recommendations to this increasing trend and aims to establish a more Pan-African position on the topic of intercountry adoption.

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.

Intercountry Adoption: An African Perspective

The African Child Policy Forum , 01 Oct 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 examines the rationale behind increasing intercountry adoption in Africa, the main thrust of international standards, the extent and magnitude of African intercountry adoption and its problems and challenges. The paper provides recommendations to this increasing trend and aims to establish a more Pan-African position on the topic of intercountry adoption.

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.