Adoption as a Last Resort: Navigating Complex Realities for Refugee Girls in Kenya

 

At RefuSHE, we work with some of the most vulnerable populations in the world—refugee girls who have experienced displacement, trauma, and, all too often, violence. Among the many complex issues these young women face is the question of adoption, especially in cases where early pregnancy intersects with profound psychological distress and lack of family support. 

When Adoption Becomes a Crisis Decision 

Consider the story of Mary (name changed for privacy), a 16-year-old unaccompanied refugee girl living in Kenya. Pregnant as a result of violent sexual abuse, she was cast out of her foster home and taken in by RefuSHE’s Safe House. At four months pregnant, Mary informed her case worker that she wanted to give her child up for adoption. Despite receiving counseling and ongoing psychosocial support, Mary remained firm in her choice—stating that she had endangered both her own life and that of her unborn child in attempts to terminate the pregnancy and insisted on future harm to the child if not placed under adoptive care.

Mary’s situation, though extreme, reflects a broader truth: the adoption of refugee children is never a simple matter. It raises serious ethical, legal, and emotional questions. What happens when the best interests of a child born into crisis contradict rigid international frameworks that treat adoption as a last resort? 

UNHCR POLICY ON ADOPTION OF REFUGEE CHILDREN

The cornerstone of refugee children’s adoption policy is the commitment to family reunification. 

The policy states that before considering adoption, serious efforts must be made to trace and locate the child's biological family. In emergency contexts, these efforts can be challenging or impossible, but they remain a fundamental step. Only when all avenues for family reunification are exhausted and no prospects remain should adoption be contemplated. 

In situations where reunification is not feasible, the policy advocates for providing appropriate interim care. This includes placing children within their extended families or communities, respecting their cultural and linguistic backgrounds. Such measures help preserve the child's identity and sense of belonging during times of displacement. 

Refugee children often face displacement, separation, and trauma, making their protection and well-being paramount. Policies emphasize the importance of confidentiality, non-discrimination, and international cooperation among UNHCR, NGOs, and other agencies to serve the child's best interests. 

Adoption procedures must include thorough assessments of prospective adoptive parents' eligibility and capacity. Both the child's country of origin and the receiving country are responsible for obtaining all necessary consents, documenting the child's background, and ensuring that the process is expedited with due diligence.  

The child's transfer should occur under secure circumstances, ideally with the child accompanied by their adoptive parents, safeguarding their rights and identity throughout. 

Intercountry adoption is considered only when other solutions, such as family tracing and community placement, are not possible. The process must respect the child's wishes and cultural background, with appropriate counseling based on their age and maturity.  

Domestic Realities in Kenya 

In Kenya, the adoption of refugee children is governed by a combination of international law and national frameworks, including the Constitution of Kenya, the Children Act of 2022, and the forthcoming Draft Children (Adoption) Regulations of 2024. These laws are aligned with key international treaties like the Convention on the Rights of the Child and the Hague Adoption Convention. 

However, significant gaps remain. Refugee girls in Kenya face: 

  • Limited access to adoption services 

  • Bureaucratic and legal ambiguities 

  • Lack of information about rights and procedures 

  • Cultural stigma around both pregnancy and adoption 

  • Institutional focus on family reunification to the exclusion of alternative solutions 

These systemic barriers leave girls like Mary in extremely vulnerable positions—caught between policies designed to protect children and realities that don’t always reflect their lived experiences. 

A Call to Compassionate Policy and Practice 

The case of Mary prompts urgent reflection. If adoption is a last resort, what happens when every other door is closed? When family tracing is impossible, community care is unavailable, and a young mother is at risk of harming herself or her baby—how do we respond? 

At RefuSHE, we believe in holding space for both the ideals and the lived realities of displaced girls. Adoption may be a last resort—but for some girls, it may also be the only safe and compassionate path forward. Every day, we continue to help refugee women and young girls navigate complex legal processes, support their mental health, and empower them to lead the most fulfilling life possible.

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RefuSHE