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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Country Care Review: Qatar

Better Care Network, 22 Jun 2017

This country care review includes the care-related Concluding Observations adopted by the Committee on the Rights of the Child during the seventy-fifth session (15 May 2017 - 2 Jun 2017) of the Convention on the Rights of the Child.

Country Care Review: Lebanon

Better Care Network , 22 Jun 2017

Care-leavers and their children placed for adoption

Louise Roberts, Sarah Meakings, Donald Forrester, Audra Smith, Katherine Shelton - Children and Youth Services Review, 17 Jun 2017

Drawing on data from the Wales Adoption Study, this paper examines the prevalence and profiles of care leavers amongst birth parents whose children were placed for adoption.

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Country Care Review: Jordan

Better Care Network, 18 May 2017

This country care review includes the care-related Concluding Observations adopted by the Committee on the Rights of Persons with Disabilities and the Committee on the Rights of the Child as part of their examinations of the periodic reports of Jordan.

Country Care Review: Canada

Better Care Network , 08 May 2017

This country care review includes the care-related Concluding Observations adopted by the Committee on the Rights of Persons with Disabilities during the seventeenth session (20 Mar 2017 – 12 Apr 2017) of the Convention on the Rights of Persons with Disabilities.

Country Care Review: Cyprus

Better Care Network , 08 May 2017

This country care review includes the care-related Concluding Observations adopted by the Committee on the Rights of Persons with Disabilities during the seventeenth session (20 March 2017 - 12 April 2017) of the Convention on the Rights of Persons with Disabilities.

Country Care Review: Armenia

Better Care Network, 08 May 2017

This country care review includes the care-related Concluding Observations adopted by the Committee on the Rights of Persons with Disabilities during the seventeenth session (20 March 2017 - 12 April 2017) of the Convention on the Rights of Persons with Disabilities.

Country Care Review: Honduras

Better Care Network, 04 May 2017

This country care review includes the care-related Concluding Observations adopted by the Committee on the Rights of Persons with Disabilities during the seventeenth session (20 March 2017 - 12 April 2017) of the Convention on the Rights of Persons with Disabilities.

Privatization and subsidization of adoption services from foster care: Empirical evidence

Joseph Deutsch, Simon Hakim, Uriel Spiegel, Michael Sumkin - Children and Youth Services Review, 02 May 2017

This paper analyzes empirical differences in adoption services of public and private agencies in the United States.

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“You Can't Run Into a Burning Building Without Getting Burned Yourself”: An Ecological Systems Perspective of Parents Choosing Out-of-Home Care for an Intercountry Adopted Child

JaeRan Kim - Families in Society: The Journal of Contemporary Social Services, 01 May 2017

This study explored the experiences of adoptive parents who chose to place their intercountry adopted child in out-of-home care due to the child's disability.

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