Kafala vs. Adoption
Understanding The Difference
Families exploring international adoption—especially from Muslim-majority countries—often encounter the term Kafala. While Kafala and adoption both aim to provide safety, stability, and lifelong care for children, they differ in important legal, cultural, and religious ways. Understanding these differences can help families determine which process is right for them and what to expect as they begin their journey.
What Is Kafala?
Kafala is a system of child protection and legal guardianship recognized in many Islamic countries. It allows a child without parental care to be placed permanently with a family who commits to raising them, supporting them, and meeting their needs.
Read about a few key features of Kafala.
No change to the child’s identity
The child retains their original name, family identity, and lineage, which is an important principle in Islamic law.
Legal guardianship, not adoption
The family becomes the child’s guardian rather than their legal parent.
No automatic inheritance rights
Guardians can choose to provide for the child in a will, but inheritance rights do not transfer automatically.
Permanent care and responsibility
Despite the legal differences, families assume full responsibility for the child’s upbringing, education, and well-being.
Kafala provides a loving, stable, long-term family environment while honoring the cultural and religious frameworks of the child’s country of origin.
What Is Adoption?
Adoption is a legal process in which a child becomes a full, permanent member of a new family. It typically includes:
Full legal parental rights
Adoptive parents assume all parental authority.
Change of legal identity
A child’s last name and legal documents may be updated to reflect the adoptive family.
Automatic inheritance
Adopted children usually gain the same rights as biological children.
Legal permanence
Adoption cannot be revoked except under extreme circumstances.
Adoption is widely practiced in many countries and creates a binding, lifelong legal and emotional relationship between parent and child.
Why Some Countries Use Kafala Instead of Adoption
In several Muslim-majority countries, adoption as practiced in the West is not permitted under religious law because it can alter a child’s lineage or identity. Kafala provides an alternative form of care that aligns with cultural and religious values while still prioritizing the child’s need for a permanent, loving family.
How Kafala Works in the U.S. Immigration Process
Children placed through Kafala may sometimes be eligible to immigrate to the United States, but the process is different from standard adoption immigration pathways. Families typically must:
- Obtain a Kafala guardianship order in the child’s country of origin
- Meet U.S. immigration requirements for legal guardianship or subsequent adoption
- Complete a home study and meet state-specific requirements
New Beginnings helps families understand these steps and navigate the process with accuracy and care.
Which Option Is Right for Your Family?
Both Kafala and adoption change a child’s life through love, stability, and commitment. The right option depends on:
- The country program you’re considering
- Your family’s preferences and spiritual considerations
- Legal requirements in both countries
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