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Child Adoption | Child Adoption Law in Pakistan | Child Adoption Lawyers

Child Adoption Law & Lawyers in Pakistan

adoption in pakistan
Child adoption is a human characteristic

Child Adoption Lawyers: Child adoption legal matters are our specialty. Our well-experienced lawyers are experts in child adoption cases. We’ll help you certify the adoption of the child you require.

At Right Law Associates (Pvt) Ltd, we focus on providing affordable, quality advice to reduce the stress of litigation. Our focus is to assist you at every stage of your case until it is resolved. We have a team of experts who have experience across a variety of areas including family law, wills & estate planning, and administrative law. Talk to one of our lawyers today and find out how we can help you.

Our lawyers are experts in cases related to the adoption of orphans, including those who have been abandoned or deprived of parental support and care. We’ll provide you with support throughout the process.

We provide child adoption legal services. We are specialists in child adoption laws & practices. Our well-experienced lawyers are experts in child adoption cases. We provide consultation and certification of adoptions, from any territorial jurisdiction of the civil court.

Child Adoption Law and Procedure in Pakistan

Child Adoption requirements and procedure of the guardian court in Pakistan

Pakistan has no specific legislation regarding inter-country adoption, except for the Guardian and Wards Act 1890 which allows a court to appoint a guardian for a child if such an appointment is in the interest of that child. A foreign national can seek guardianship of a child under the Act. If some foreign national wishes to adopt a child from Pakistan, he or she must first be appointed as a guardian and then apply for adoption under his/or her country’s laws.

Eligibility, Criteria and Requirements

To be eligible for adoption, an adoptive family must have certain criteria and requirements fulfilled.

Though, the issue of the eligibility of an adoptive parent is not governed by law, but by policy guidelines laid down by adoption agencies or government organizations. Therefore, criteria may vary slightly depending on where the adoptive parents are located and what agency they choose to work with. However, most agencies agree on certain things when it comes to a prospective adoptive family's eligibility Motivation for adopting and some agencies require that at least one member of the adoptive family must not have biological children, while others only assess motivations on a case-by-case basis.

In order to be eligible for the adoption of a child, an adoptive family must either be related to the child or unrelated to him/her. An adoptive family who wishes to adopt a child who is not related by blood must have certain requirements and criteria fulfilled. The following criterion should be understood:

  • The issue of the eligibility of an adoptive parent is not governed by law, but by policy guidelines laid down by adoption agencies or government organizations. Therefore, criteria may vary slightly depending on where the adoptive parents are located and what agency they choose to work with. However, most agencies agree on certain things when it comes to a prospective adoptive family’s eligibility:

  • Must be 25 years or older age

  • Income requirements – Should have sufficient income to meet the needs of a child.

  • Adoptive parents must be physically and mentally able to care for another child. If a person has a mental illness or other physical disability that would affect his/her ability to take care of another child, he/she will not be eligible.

  • In addition, there are some requirements based on whether the parents are married or single:

  • If married, both spouses must participate in the entire adoption process together (including private meetings, home studies, and court hearings). No exceptions can be made if one spouse is out of state/country (unless he/she is serving in active military duty). Married couples who live in different states can adopt from any other state as long as both spouses participate fully in the process.

Income level of the household

Income level of the household: The Income level of the household should be sufficient for the parents to take care of their adopted child and provide for his/her basic needs.

Age and health of parents

Parents must meet certain requirements to be able to adopt a child. These vary by country and agency, but the parents should be healthy enough to care for a child. In some cases, this takes into consideration any chronic conditions or physical disabilities that might make caring for a child more difficult or require additional medical attention. The age limits also vary by country and agency, but most will not approve parents if they are under 25 years old or over 50 years old on their first adoption. The age limits vary for subsequent adoptions and can shift depending on the gender of the child being adopted. Most agencies require that parents only have one spouse.

In addition to health considerations, parents should be emotionally and financially stable in order to provide a stable home environment for an adopted child. Some agencies may require that you make a minimum income before you are allowed to adopt from them.

Marital status

You must be married for at least five years. This can include marriages that were ended by divorce or the death of a spouse. Your religion and country of origin do not affect eligibility, but your marriage must be recognized in your home country. A single Pakistani man looking to adopt a girl may not adopt more than one girl.

Criminal Record

The interested adoptive parent should not have any criminal record.

Starting the Child Adoption Process

To begin the adoption process through the guardian court, you must file an application in the Guardian Court. The application should include the following information:

  • First and Last name of the child

  • Date of Birth

  • Age of child

  • Place of birth of a child

  • Current residence of the child (city and district)

  • Physical features of the child (like hair color, height, weight, etc.)

  • The sex of the child (male or female)

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Child Adoption is a process  when a person assumes the guardianship of a child from their biological or legal parents.

When the child adoption procedure is completed, the rights and responsibilities are permanently transferred to the guardian along with affiliation, from the biological parents.

In Pakistan, there is no law regarding the adoption of children. However, it does not mean the adoption of children is literally prohibited. Children in special circumstances are placed under the guardianship of their near relatives or suitable person appointed by Court. A child does not automatically adopt the parentage of their guardians in that situation. 

The children will enjoy all social and economic rights, except for the right to inherit property from their guardian.

Child adoption can be done in two ways

Child adoption in Pakistan can be done in the following two ways.

  1. You can either adopt a child through the child protection bureau (including registered orphanages)
  2. Through a Pakistani Guardian Court

Whenever you would like to adopt an orphan baby from Pakistan, you should only visit authorized orphanages and child protection centers.

Once you decide to adopt, the process will begin in the court of the District Judge. You must prove to the judge that you are an appropriate couple for adoption in Pakistan. Before you begin court proceedings, you must provide:

  • A complete profile showing your priority for child adoption
  • Adoptive parents’ gender
  • The age of the baby you are interested in adopting
  • In addition to other requirements for adopting a baby in Pakistan.
  • It is a professional lawyer who prepares the case in which you will claim adoption.
  • Adoptive parents will provide their personal details, such as their profession, age, religion, sect, and income.
  • A child cannot be adopted from an unauthorized adoption center in Pakistan. The only way to do it is through Chippa, Edhi, etc.

We are a team of specialized lawyers for child adoption matters. Our well-experienced lawyers are experts in child adoption cases. We are capable to get certification for the adoption of the child you require, from any territorial jurisdiction of the civil court.

Child Adoption Procedure in Pakistan

These are the steps involved in the adoption process in Pakistan;

Child Adoption Requirements:

  • Name of the child.
  • The child’s birthdate and place of birth.
  • Address and name of terminating parent.
  • Adoptive parents must be Muslim. (Unless the agencies know they are placing a Christian child with a Christian family, they cannot place a Muslim child with a Christian family)
  • It must have been three years since the couple got married. (Provide a valid marriage certificate)
  • For prospective adoptive parents, a minimum age of 25 is required.
  • The cost of raising a child must be affordable for the parents
  • One parent must be of Pakistani origin or eligible for a NICOP or CNIC (only applicable to foreigners)
  • Apply to the Family Court adoption.

Child Adoption Court Procedure

You need to initiate a case once you meet all of the above requirements.

  • A lawsuit is filed for the declaration and termination of parental rights.
  • A notice has been sent to the parties.
  • Submit the adoption deed or get hold of the parents’ recorded consent.
  • Keep a record of both parties’ evidence.
  • The Court’s final arguments and decree.
  • Filing for Guardianship (not necessary but advantageous)
  • A guardianship decree from the court is required for adopting parents to obtain NADRA B-form, also known as a CRC (Child Registration Certificate). Once the child reaches the age of 18, he receives a National Identity Card number.

Guardian Court issue decree of adoption or guardianship

If the court finds that the adoption is in the best interest of a child and that all parties are eligible to adopt, it will issue a decree of guardianship/adoption. The court can either (1) grant an adoption order unconditionally or (2) grant an adoption order on the condition that the adopters continue to take care of and support the child for some period of time.

In the case where a court grants an unconditional adoption order, it is referring to a situation where no conditions have been made by the court before granting the order. In this case, if there are any issues with regard to welfare and maintenance after the order has been granted, they are dealt with as per Section 9(2).

SUMMARY
Child Adoption Requirements and Procedure of Guardian Court in Pakistan

Requirements For the Child Adoption 

The issue of the eligibility of an adoptive parent is not governed by law, but by policy guidelines laid down by adoption agencies or government organizations. Therefore, criteria may vary slightly depending on where the adoptive parents are located and what agency they choose to work with. However, most agencies agree on certain things when it comes to prospective parents:

  • The child must be adopted by a Muslim couple.

  • The child should be adopted only if the couple’s biological children are all above 12 years of age at the time of adoption (for female couples).

  • In the case of single males, there should be a minimum age difference of 15 years between them and the child he intends to adopt. For example, if you are 40 years old, you can only adopt a 25-year-old or above person.

Child Adoption Procedure of a Guardian Court in Pakistan

The adoptive parents need to follow the following requirements of adoption:

  • The age of adoptive parents must not be more than 45 years for a single parent and 50 years for married couples. The age limit, however, may be relaxed in exceptional cases.

  • The adoptive parents must have a minimum educational qualification.

  • They must have a stable source of income or any suitable means to support the child.

The court will also assess the financial stability and mental health of the prospective parents, along with their domestic and social environment.

Our lawyers are revered for their work in the field of child adoption. They are well-versed with the Child adoption laws and practices. We are capable to get you certification for the adoption of the child you need, from any territorial jurisdiction of the civil court.