GLOSSARY SIMPLE ADOPTION: Adoption that establishes filiation ties between the adopters and adoptee while preserving ties with the family of origin. As a result, there is no complete severance of the legal filiation ties. This type of adoption is revocable. FULL ADOPTION: Full adoption allows for the full integration of the child into the extended adoptive family, giving the child equal status with biological children. This type of adoption severs filiation ties with the family of origin, including the forfeiture of rights, responsibilities and obligations of the biological parents or guardian(s), which are then exercised exclusively by the adopters. There is nevertheless the possibility of exceptions with regard to adopting the child of a spouse. This type of adoption is generally irrevocable. OPEN ADOPTION: Open adoption is a full adoption that allows for an informal relationship between the child, adoptive family and family of origin. The objective of open adoption is to allow the mother and father of origin to pursue a relationship with the child, both during the adoption process and after the adoption decision is made by the competent authority. INDEPENDENT ADOPTION: ‘Independent adoptions are those in which the prospective adoptive parents, after being approved by their Central Authority or accredited body, are permitted to go to the State of origin and find a child to adopt, without the assistance of the Central Authority or an accredited body or approved (non-accredited) person in the State of origin.’1 PRIVATE ADOPTION: A privately organised adoption between the parents of origin and PAPs. This adoption process is conducted without the support or supervision of a Central Authority or an AAB. Private adoption should be prohibited in light of the numerous risks that it raises with regard to the use of non-accredited and unsupervised intermediaries, financial abuse, and so on.2 KAFALA: The legal patronage of a minor (‘Makfoul’) by an individual or organisation (‘Kafil’) without severing ties with the family of origin or creating filiation ties with the Kafil. Kafala is revocable at any time and no reason is required. This type of care requires the Kafil to take responsibility for the care, education and protection of the minor. It is a voluntary measure that is very different from adoption, which is prohibited in Muslim countries inspired by sharia law or that apply it directly. Internationally, article 20 of the CRC and articles 3 and 33 of THC-1996 explicitly recognise kafala as an alternative measure of protection for the child, while THC-1993 does not mention kafala.
Definition from GGP1, §191. Definition from GGP1, §520 to §525.