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 Reviews: Burkina Faso

Better Care Network , 25 Jan 2013

Care related Concluding Observations adopted by the Committee on the Rights of the Child on the initial report of Burkina Faso under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.

Country Care Review: USA

Better Care Network , 24 Jan 2013

This country care review includes the care related Concluding Observations adopted by the Committee on the Rights of the Child as part of its examination of the United States of America’ second periodic report under the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, as well as other care-related concluding observations, ratification dates, and links to the Universal Periodic Review and Hague Intercountry Adoption Country Profile.

A Snapshot of Alternative Care Arrangements in Kenya

SOS Children’s Villages International, 2013

This report presents findings from an assessment of Kenya's implementation of the UN Guidelines for the Alternative Care of Children.

FY 2012 Annual Report on Intercountry Adoption January 2013

U.S. Department of State, 2013

This document presents the data on intercountry adoptions to the United States in the Fiscal Year 2012, as per the U.S. State Department.

The Challenge of Reforming Child Protection in Eastern Europe: The Cases of Hungary and Romania

Roxana Anghel, Maria Herczog, Gabriela Dima, 2013

This paper discusses the challenges of reforming the child welfare and protection systems in Hungary and Romania -two countries in transition from socialism to capitalism- and the impact on children, young people, families, and professionals. The focus is on the efforts made to deinstitutionalise children from large institutions, develop local prevention services, and develop alternatives to institutional care.

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A Snapshot of Alternative Care Arrangements in Tanzania

SOS Children’s Villages, 2013

This report and research conducted by SOS Children’s Villages reviews alternative care arrangements in Tanzania.

A World Wide Web of Unwanted Children: The Practice, the Problem, and the Solution to Private Re-Homing

S. Megan Testerman, 2013

Adoptive families are now using the Internet to give their unwanted adopted children over to complete strangers, some of whom are traffickers, pedophiles, child pornographers, or worse. This practice is known as private rehoming.

Child protection in Italy and Spain: Influence of the family supported society

Jorge F. del Valle, Cinzia Canali, Amaia Bravo, Tiziano Vecchiato, 2013

The article reviews the historical development of out-of-home care in Italy and Spain and compares foster family and residential care, as well as the main research contributions to these topics in both countries.

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Preparing and Supporting Foster Parents Who Adopt

Child Welfare Information Gateway - Children’s Bureau, 2013

This document provides an overview of the benefits, costs, and practice implications for adoptions from foster care in the US.

A Snapshot of Alternative Care Arrangements in Malawi

SOS Children’s Villages International, 2013

This report from SOS Children’s Villages assesses Malawi’s compliance with, and implementation of, the UN Guidelines on the Alternative Care of Children.