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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How Does Foster Care Work?: International Evidence on Outcomes

Child Welfare Outcomes - Elizabeth Fernandez and Richard P. Barth, 2010

This book features individual empirical studies on the outcomes and progress made for children in foster care around the world.

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The Children Act (Kenya), Revised Edition 2010

National Council for Law Reporting with the Authority of the Attorney General, 2010

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LEGE Nr. 99: privind regimul juridic al adopţiei

Republic of Moldova, 2010

This document presents the adoption law of Moldova.

Resolutions and Decisions adopted by the General Assembly during its sixty-fourth session

United Nations General Assembly (UNGA), 2010

The present volume contains the resolutions adopted by the General Assembly from 15 September to 24 December 2009, including the Guidelines for the Alternative Care of Children on page 376.

Children in Alternative Care: National Surveys 2nd edition

Eurochild Secretariat, 2010

In 2009 Eurochild carried out a survey of the situation of children in alternative care in Europe through its member organisations. The survey was not intended as a scientifically rigorous research exercise but rather to identify what information is readily available and to note some common trends across Europe.

Misguided Kindness: Making the Right Decisions for Children in Emergencies

Save the Children UK , 2010

Using lessons learnt in emergencies, from the genocide in Rwanda to the Asian Tsunami and the earthquake in Haiti, our new report, Misguided Kindness, demonstrates what action is needed to keep families together during crises and to bring separated children back into a safe and nurturing family life.

Every child deserves a family: EveryChild's approach to children without parental care

Emily Delap , 01 Nov 2009

This document outlines EveryChild’s approach to the growing problem of children without parental care by defining key concepts, analysing the nature and extent of the problem, exploring factors which place children at risk of losing parental care, and examining the impact of a loss of parental care on children’s rights.

Alternative Care Guidelines on Community Based Childcare, Reunification and Reintegration Program, Foster Care, Adoption, and Institutional Care Services

Federal Democratic Republic of Ethiopia - Ministry of Women's Affairs, 01 Jun 2009

This document contains revised alternative care guidelines for Ethiopia. It discusses how development intervention has shifted from a needs based approach to a rights based approach.

Child Adoption: Trends and Policies

Department of Economic and Social Affairs, UN Population Division, 18 May 2009

The study provides a solid foundation for furthering research on child adoption and, more specifically, on the demographic factors that shape the demand for and the availability of adoptable children.

Forced Removal of Romani Children from the Care of their Families

European Roma Rights Center, 08 May 2009

Explores particular vulnerabilities that arise for Roma children and families in regards to care as a result of social marginalization