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: 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

Country Care Review: Malawi

Better Care Network, 27 Mar 2009

This country care review includes the care-related Concluding Observations adopted by the Committee on the Rights of the Child.

Country Care Review: Democratic Republic of the Congo

Better Care Network, 10 Feb 2009

This country care review includes the care-related Concluding Observations adopted by the Committee on the Rights of the Child.

India: The Integrated Child Protection Scheme (ICPS): A centrally Sponsored Scheme of Government-Civil Society Partnership

The Indian Ministry of Women and Child Development , 2009

In 2006 the Indian Ministry of Women and Child Development proposed the adoption of an Integrated Child Protection Scheme (ICPS), which was adopted and launched by the central government in 2009-2010. Recognizing chronic under funding of child protection services in the country and major gaps in the system, the ICPS was expected to significantly contribute to the realization of Government/State responsibility by creating a system that would effectively and efficiently protect children.

A Technical Assessment of the Legal Provisions and Practices of Guardianship, Foster Care and Adoption of Children in Kenya

Department of Children’s Services Ministry of Gender, Children and Social Development, 01 Nov 2008

This technical assessment report uses a transformative social protection framework adapted for studying the provisions and practice in alternative care and adoption in Kenya.

Adopting the Rights of a Child: A Study on Intercountry Adoption and its Influence on Child Protection in Nepal

Terre des Hommes Foundation and UNICEF, 01 Aug 2008

Evaluates the need for reform within Nepal's intercountry adoption programming and the broader needs within the child protection and alternative care arenas nationally.

Strategic Approach to Categorizing Progress on Child Welfare Reform in CEE/CIS Countries

University of Pittsburgh, Office of Child Development, 01 Jul 2008

The purpose of this report is to create a strategy for assessing the status and progress of child welfare reform in CEE/CIS countries using the best available quantitative and qualitative information.

Cambodia Inter-Country Adoption (ICA) Assessment and Action Plan

UNICEF Cambodia, 01 Jun 2008

Evaluation of need for systemic strengthening and partnering to ensure protection of children without parental and children involved with ICA

Minimum Standards on Alternative Care for Children (Cambodia)

Kingdom of Cambodia, 01 May 2008

This document includes the Minimum Standards on Alternative Care for Children set out by the Government of Cambodia, including both the Minimum Standards for Residential Care for Children and the Minimum Standards on Alternative Care for Children in the Community.