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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Developments in U.S. Intercountry Adoption Policy since Its Peak in 2004

Sarah Elizabeth Neville & Karen Smith Rotabi - Adoption Quarterly, 30 Jan 2020

This paper examines the implications of recent developments in U.S. intercountry adoption (ICA) policy for vulnerable children.

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Conceptualization and measurement of birth family thoughts for adolescents and adults adopted transnationally

Kim AY, Kim OM, Hu AW, Oh JS, Lee RM - Journal of Family Psychology, 30 Jan 2020

The authors of this study introduce a new construct, birth family thoughts, that captures a sense of curiosity about birth family for adopted individuals, and describe the development of an accompanying brief self-report measure, the Birth Family Thoughts Scale (BFTS).

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High family SES and youth adjustment: The case of Chinese youth who were adopted from orphanages into American families

Tony Xing Tan, Zhiyao Yi, Linda A. Camras - Children and Youth Services Review, 22 Jan 2020

In this paper, the authors examined if high socio-economic status (SES) of families had an effect on youth’s adjustment by comparing 226 internationally adopted female Chinese youth who experienced pre-adoption institutionalization with 1059 non-adopted Chinese peers living in China, as well as 209 non-adopted American peers.

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Removing gender barriers: Promoting inclusion for trans and non‐binary carers in fostering and adoption

Claire Brown & Michaela Rogers - Child & Family Social Work, 14 Jan 2020

This paper offers a conceptually informed analysis of fostering and adoption social work and argues for more consistent inclusion of trans and non‐binary people.

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International Adoption

Susan Friedman & Amy Lynch - The Encyclopedia of Child and Adolescent Development, 13 Jan 2020

This article explores the impact of preadoption history upon physical, mental, emotional, cognitive, and developmental well‐being of children and the need for adoptive parents, medical and mental health professionals, and schools to understand these impacts.

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School adjustment of internationally adopted children in primary school: A mother and teacher approach

Monica Dalen, Steinar Theie, Anne-Lise Rygvold - Children and Youth Services Review, 07 Jan 2020

The study examined school adjustment among 119 internationally adopted children in Norway.

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Early childhood deprivation is associated with alterations in adult brain structure despite subsequent environmental enrichment

Nuria K. Mackes, Dennis Golm, Sagari Sarkar, Robert Kumsta, Michael Rutter, Graeme Fairchild, Mitul A. Mehta, Edmund J. S. Sonuga-Barke - PNAS, 07 Jan 2020

To investigate the impact of childhood deprivation on the adult brain and the extent to which structural changes underpin these effects, the authors of this study from PNAS utilized MRI data collected from young adults who were exposed to severe deprivation in early childhood in the Romanian orphanages of the Ceaușescu era and then, subsequently adopted by UK families.

Kafalah: Preliminary analysis of national and cross-border practices

International Social Service/International Centre of Reference for the Rights of Children Deprived of their Family, 2020

Through the analysis of over twenty country contexts, this study aims at clarifying in particular: Where does kafalah originate from? What are its characteristics in different States, and how is it recognised or enforced in another State?

Case Study on Family-Based Care. ACE Zambia, Lusaka, Zambia

Simon Kanyemob, Shoshon Tama, Gabriel Walder - Alliance for Children Everywhere (ACE), 2020

The goal of this case study is to demonstrate a working model of family-based care in Zambia which can produce a replicable framework that can be modified for other regions and circumstances.

ISS Country Fact Sheet for the CRC

ISS, 2020

Country fact sheet for the UN Committee on the Rights of the Child; Philippines.