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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Adoption - General Principles

International Social Services and International Reference Centre for the Rights of the Child Deprived of their Family (ISS/IRC), 2006

A 2-page fact sheet outlining the general priniciples to be taken into account regarding international adoption. Discusses the "adoptability" of children who have not lost their parents, but are abandoned or made vulnerable by poverty.

The Eugene Declaration

Holt International Children's Services, 31 Dec 2005

Recognition of the crises affecting children and a commitment to improving the lives of children.

Placement of Orphans: Russian and Nordic experiences

01 Dec 2005

The chapters in this Research Note are grouped in three sections. The first section (chapters 2–5) presents the international experiences. The second (chapters 6–7) presents the Russian background, whereas the third section (chapter 8–9) offers an updated presentation of Russian realities as to the placement of orphans.

The Republic of Ghana: Report to The UN Commitee on The Convention on The Righs of The Child, Supplementary Report

The Republic of Ghana, 01 Dec 2005

This document provides written replies by the Government of Ghana concerning t issues received by the Committee on the Rights of the Child relating to the consideration of the second periodic report of Ghana. This includes issues related adoption and fostering.

Democratic Republic of Timor-Leste Country Report Presentation

28 Nov 2005

This presentation was given at the Alternative Care Workshop in Bangkok in November 2005.

Health of children adopted from Guatemala: comparison of orphanage and foster care

Miller L, Chan W, Comfort K, Tirella L., 01 Jun 2005

Since 1986, American parents have adopted over 17,300 children from Guatemala. This study assessed the health, growth, and developmental status of 103 Guatemalan adopted children (48 girls; 55 boys) after arrival in the United States. Physical evidence suggestive of prenatal alcohol exposure and adequacy of vaccinations administered were also reviewed.

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Family Matters: A Study of Institutional Child Care in Central and Eastern Europe and the Former Soviet Union

Richard Carter - EveryChild, 2005

A report discussing the advent and perpetuation of institutional care in Central and Eastern Europe and the Former Soviet Union prior to and since the end of the communist regime. It also provides examples of family-based care as models of care to substitute institutional care and offers recommendations to donors, NGOs and governments for child care reform based on their experience in CEE and FSU.