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 Option: Growing More Popular

E. Wayne, 2005

Documenting shifting attitudes on adoption in India. Highlights persistent difficulties in national policy reform.

Assessment of the Adoption System in Ukraine

Nigel Cantwell; Isabel Lammerant; Laura Martinez-Mora, 2005

Assessment of the care system, domestic adoption, and international adoption in Ukraine with a summary of key findings and recommendations.

Scotland: National Care Standards: Adoption Agencies

Scottish Executive, 2005

A set of standards guiding services for children who have been adopted, birth families, and adoptive parents.

The Care and Protection of Children Affected by Armed Conflict and Disasters

David K Tolfree, 2003

Overview of a research study which provides guidelines for care of separated children in large-scale emergencies, focusing on the negative impact of residential care, extended family care, spontaneous and agency fostering, adoption, and alternative placements for adolescents.

Lives Apart: Family Separation and Alternative Care Arrangements during El Salvador's Civil War

Ralph Sprenkels, 2002

This report details the situation of disappearing children during the El Salvadorian civil war. It describes the process of tracing and reunifying children with their families, as well as alternative care arrangements for separated children.

The Situation of Separated Children in Central Europe and the Baltic States

William Spindler, 2001

This report reviews childcare policy for separated children in the Central Europe and the Balkan States. It emphasizes the need to establish training, resources and effective procedures in order to meet the standards outlined in the Statement of Good Practice. Data from Bulgaria, Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia is presented.

Child Welfare Reform in Romania: Abandonment and De-Institutionalization, 1987 - 2000

K. Fern Greenwell, 2001

The purpose of this report is to document the levels of child abandonment and de-institutionalization as an indicator of the quality of social transformation during the transition decade (1990-2000).

The Rights of the Child in Domestic and Intercountry Adoption: Ethical Principles and Guidelines for Practice

International Social Service (ISS), 31 Dec 1998

A set of ethical principles and practice guidelines to protect the welfare of children in domestic and intercountry adoptions.

How to Help Children in the Aftermath of Hurricane Mitch

ISS, ICCB, DCI, and Save the Children Alliance, 20 Jan 1998

Guidance on the importance of preventing family separation and ensuring reintegration with families, communities or country of origin.

United States: Foster Care Regulations - Rhode Island.

State of Rhode Island Department of Children, Youth and Families, 1998

These regulations were developed in the United States (in the state of Rhode Island) to assess all individuals who care for children away from their legal parents. It may contain useful information for organizations and countries that are developing their own regulations for foster carers.