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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Prakas on Procedures to Implement the Policy on Alternative Care for Children (Cambodia)

Ministry of Social Affairs, Veterans and Youth Rehabilitation, Kingdom of Cambodia, 01 Oct 2011

This Prakas is intended to define roles and responsibilities of relevant competent agencies and establish procedures, operational guides, and forms to implement the Policy on Alternative Care for Children.

Adoption and the Care of Orphan Children: Islam and the Best Interests of the Child

Muslim Women’s Shura Council (August, 2011), 01 Aug 2011

In this position paper, the Muslim Women’s Shura Council considers whether adoption can be possible within an Islamic framework.

At Home or In a Home: Formal Care and Adoption of Children in Eastern Europe and Central Asia

UNICEF, 01 Jul 2011

Published by UNICEF, the report At Home or in a Home, provides an overview of the major trends and concerns about children in formal care and institutions as well as adoption Central and Eastern Europe and Central Asia.

Research, Practice, and Policy Perspectives on Issues of Children without Permanent Parental Care

Robert B. McCall - Monographs of the Society for Research in Child Development, 2011

This chapter presents conclusions, trends, conceptual analyses, hypotheses, and speculations regarding some fundamental issues of research, practice, and policy that are largely unsettled or controversial, regarding children without permanent parental care.

Adoption: UK National Minimum Standards

Department for Education, UK, 2011

This document contains the UK National Minimum Standards (NMS) applicable to the provision of adoption services.

Practice Principles for the Recruitment and Retention of Kinship, Foster and Adoptive Families for Siblings

Adopt Us Kids, 20 Dec 2010

This resource offers principles to frame an agency's foster care recruitment and retention practices related to siblings.

Positively Caring: Ensuring that Positive Choices Can Be Made about the Care of Children Affected by HIV

EveryChild , 20 Nov 2010

This report examines the impacts of HIV on the care choices of children, exploring how HIV affects whether or not children can remain within parental care, and on the alternative care options open to them.

Haiti: Expediting Inter-country Adoptions in the Aftermath of a Natural Disaster... Preventing Future Harm

International Social Service, 23 Sep 2010

Using a range of intergovernmental, governmental, nongovernmental and media sources, this report compiled by International Social Service constitutes an unprecedented effort to document, and draw preliminary conclusions from, the course of events related to intercountry adoptions from Haiti in the first half of 2010

UN Committee on the Rights of the Child: Observations Regarding Alternative Care

BCN Secretariat , 09 Jul 2010

In June 2010, the Committee on the Rights of the Child issued its Concluding Observations to countries reviewed during the Committee's 54th session. This brief summarizes the UNCRC observations regarding alternative care.

Children and adolescents without parental care in Latin America: Contexts, causes and consequences of being deprived of the right to family and community

RELAF and SOS Children’s Villages International, 01 Jun 2010

This paper is based on The Latin American Report: The situation of children in Latin America without parental care or at risk of losing it. Contexts, causes and responses, which was prepared using reports from 13 countries in the region. The paper gives an overview of the state of one of the most fundamental rights - the right to parental care, a keystone for the right to live in a family and a community.