Child Adoption In Pakistan

There is no specific law for adopting a child in Pakistan. However, with the right alternative approach, it can be handled easily. We aim to provide information for our valued readers regarding the procedures required for child adoption in Pakistan, from executing the adoption deed in Pakistan to registering the child with NADRA.

Is Adoption Allowed in Islam?

Child adoption in Islam is permissible, but there are certain guidelines and limits to maintain the child’s lineage. According to the Quran (Surah Al-Ahzab, Verses 4 and 5), while a child may be adopted, their biological parentage cannot be changed. The child must retain the name of his biological father.

Permissibility of Child Adoption in Pakistan Under Islamic Law

It is permissible under both Islamic and state law. According to a judgment in 2023 PLD 1 (FSC), while Islam allows adoption, it prohibits changing the child’s parentage. If the biological father’s name is unknown, the child must be treated as a brother or friend, per Islamic teachings.

Father’s Name After Child Adoption in Pakistan

Under Islamic law, an adopted child must retain their biological father’s name. At the same time, child adoption is permissible in Pakistan. However, it does not allow to change the name of child’s biological father.

Adoption in Urdu

In Urdu, adoption is termed as (گود لینا). However, the “adopted” or “adopted child” may be called (لے پالک).

Steps for Adopting a Child in Pakistan

However, there is no law for adoption in Pakistan. But alternatively, adoptive parents can follow different procedures.

How to adopt a child in Pakistan? Adoptive parents can follow the following:

1. Draft the Adoption Deed: Adoptive parents may execute an adoption deed in Pakistan with two witnesses for keeping records.
2. Declaration of Adoption Deed: parents may obtain a decree of declaration from a civil court within six years to affirm the adoption deed and put court sanctioning.
3. Obtain a Guardianship Certificate: Register with NADRA: As there is no law specified for adoption in Pakistan, parents will need a guardianship certificate in the future, for example, for school admission, making a birth certificate, B-form, or entry in the family tree. For these reasons, the adoptive parents must obtain legal guardianship of the child through guardian courts and obtain a guardianship certificate accordingly. Here is the complete guide on how to get a guardianship certificate.
4. Complete the registration of the child with NADRA.
5. After obtaining a guardianship certificate from the guardian court, adopted parents in Pakistan can enlist the adopted child in NADRA as a family member and obtain documents accordingly.

Adoption Process in Pakistan and Registration with NADRA

After obtaining a declaration of adoption deed and a guardian certificate from the court. The following is the process to incorporate the name of the adopted child in NADRA as a family member:

Registration of Adoption with NADRA

Once the guardianship certificate is obtained, parents must register the child with NADRA within 30 days. Late registration may result in a penalty, such as a fine.

Birth Certificate for Adopted Children

The Union Council issues a computerised birth certificate within five days of submission.

Red Ink Entry

NADRA will mark the adopted child’s record with red ink to distinguish its adoptive status.

Documents Required for Registration

The following documents are required:

1. Guardianship certificate from the court
2. CNIC of adoptive parents
3. Photographs of child.
4. Form-A1 includes details of the biological parents and a decree from the court.

Adoption in Pakistan: Relevant Laws and Limitations

The process of adoption in Pakistan involves multiple laws, including:

• Guardian and Wards Act, 1870
• Contract Act, 1972
• NADRA Ordinance, 2000

Orphan Child Adoption in Pakistan

Adopting an orphan child is a noble act, and many families seek assistance from child adoption centres in Pakistan, such as Sarim Burney Trust child adoption, Chhipa child adoption services or Edhi child adoption services. These centres also facilitate the process of adoption.

Adoption from Pakistan to UK, USA, and Canada

International adoption is also possible, allowing for adoption from Pakistan to UK, adoption from Pakistan to USA, and adoption from Pakistan to Canada. This process involves additional steps to comply with immigration laws and to ensure the welfare of the adoptive child.

Case Study: Adoption in Pakistan for Non-Muslims and Foreigners

The judgement cited as 2012 PLD 208 (SHC) is a landmark judgment. In it, a Christian couple from the USA sought guardianship of minors for immigration purposes. The High Court ruled in their favor, considering the welfare of the child over procedural hurdles, and enabled adoption from Pakistan to the USA. The full case study is available here.

Note:

M/s Legally-Ethically-Expertly (LEX), a leading law firm with experienced lawyers, provides this article’s information for public awareness through our website, lex.com.pk. We strive to offer valuable insights to the general public, but this content shall not be considered as legal advice. Additionally, please note that the information provided here may be outdated as laws are amended regularly or may contain human error; therefore, we recommend not relying solely on this content. For personalized guidance or the most up-to-date information, we encourage our valued readers to contact our expert family lawyers in Pakistan by calling or WhatsApp at +92-310-8888539 or emailing info@lex.com.pk. We are here to assist with tailored solutions.

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