Legal Documentation for Child Adoption

Adoptive parents must complete various legal documentation during the adoption process. This includes:

1. Adoption Agreement

Both the parties, i.e. biological parents and adoptive parents, must execute an adoption agreement containing particulars of child and reasons of adoption alongwith other certain terms. This would be a basic adoption document.

2. Consent of Biological Parents OR Surrender Deed

In cases where the child’s biological parents are alive, their consent regarding handing over of child into the custody of adoptive parents is required for adoption. In certain circumstances, consent may be waived, such as when the biological parents are unable or unwilling to provide it.

3. Child Documents

Biological parents must need to obtain Birth Certificate from the hospital as well as from the Provincial Government. Form-B is also required duly issued from the National Database Registration Authority (NADRA).

4. Documents of Biological Parents

Biological parents are also required to submit their Marriage Registration Certificate issued by the Provincial Government or NADRA and attested Nikahmana.

5. Documents of Adoptive Parents

Adoptive parents intending to adopt a child from Pakistan are also required to submit their marriage registration certificate, proof of financial stability, CNICs/Passports, proof of permanent address and immoveable assets as well as demonstration report regarding welfare of child.

6. Adoption Application

An application for adoption is submitted to the relevant adoption/orphan center if the child is being adopted from the orphan center or hospital. The application form typically requires personal as well as financial information about the adoptive parents and their consent for adoption.

7. Verification Reports and NOCs

If the child is being adopted from the hospital or orphan center, they may conduct inquiry through law enforcement agencies which verifies the eligibility of adoptive parents and issue No-Objection Certificate. These documents are important to retain the custody of child as well as to seek a travel permission from the concerned immigration authority.

8. Court Proceedings

The finalization of adoption often involves court proceedings by filing a petition for appointment of guardian under Guardian and Wards Act as well as application for seeking permission to travel. A court may issue an adoption order, granting legal custody of the child to the adoptive parents.

Eligibility Criteria & Legal Requirements for Child Adoption

Process of child adoption in Pakistan is subject to specific legal requirements and adoption eligibility to ensure the welfare and best interests of the child which are as follows;

1. Age of Adoptive Parents

The eligibility criteria for adoptive parents vary based on the type of adoption:

Domestic Adoption: In the case of adopting a child domestically, the adoptive parents must be at least 25 years old. There should be a minimum age gap of 25 years between the child and either of the adoptive parents.

International Adoption: For international adoption, the age requirements may differ according to the laws and regulations resident country. It is essential to comply with both Pakistani and the foreign country’s adoption laws.

2. Marital Status

Married Couples: Married couples are eligible to adopt in Pakistan. Both spouses should provide their consent for adoption.

Single Parents: In some cases, single individuals can also adopt, although this may be subject to certain restrictions. The legal landscape for single-parent adoption can vary.

3. Financial Stability

Adoptive parents are required to demonstrate financial stability. This is to ensure that they can provide for the child’s upbringing and welfare.

Adoptive Parents Rights

Adoptive parents have certain legal rights and responsibilities provided by the law. These rights depend on the jurisdiction and the type of adoption (including domestic or international adoption). Here are common rights that adoptive parents have:

Legal Recognition: Once the adoption process is finalized, adoptive parents have the legal recognition as the child’s parents. They have the same rights and responsibilities as of biological parents.

Change of Name and Parentage: According to the laws of Pakistan and Sharia, adoptive parents are not allowed to change the parentage of the child but so far as the name of adopted child is concerned, we recommend adoptive parents not to change his name because it may cause legal complexities in future because it will contradict with the official record of child.

Inheritance Rights: According to the Sharia laws, adopted child has no right of inheritance from the legacy of the adoptive parents as because he reserves his right of inheritance from his biological parents.

Decision-Making Authority: Adoptive parents have the authority to make decisions regarding the child’s upbringing, education, healthcare, welfare and other important aspects of their lives.

Custody and Parental Responsibilities: Adoptive parents have the right to retain physical custody of the child and are responsible for their care, well-being, and safety.

Recognition of Adoption Across Borders: For international adoptions, adoptive parents have a right to seek recognition of the adoption in their home country. This involves completing additional legal processes to ensure the adopted child’s citizenship and status in the adoptive parents’ country.

Access to Adoption Records: Adoptive parents have a right to access to certain adoption records, which can include information about the child’s birth parents and other child information.

Confidentiality and Privacy: Adoptive parents have the right to privacy and confidentiality regarding the details of the adoption. However, this depends on the laws of the resident countries.

Legal Obligations of Adoptive Parents

Adoptive parents are legally obligated to:

• Provide a loving and supportive home for the child.
• Ensure the child’s well-being, education, and healthcare.
• Respect the child’s cultural and religious background.
• Register the adopted child’s new name, if applicable.

Different Types of Adoption

Domestic Adoption

Domestic adoption involves adopting a child who is a citizen of Pakistan by the Pakistani residents. The process and legal requirements may vary compared to international adoption.

International Adoption

International adoption, also known as intercountry adoption, involves adopting a child from Pakistan by the non-residents or Overseas Pakistanis. It depends on legal, procedural and immigration complexities.

Child Adoption from a Private Person

If you have planned to adopt a child of your relative or any private person other than an organization with whom you have no relation, then the following procedure is to be followed:

1. Preparation of an adoption deed (on non-judicial stamp paper valuing PKR 1200/-)
2. Filing a Suit For Declaration And Termination Of Parental Rights
3. Obtaining Guardianship Certificate also known as Adoption Certificate
4. Registration of adopted children in NADRA and other institutions.

Legal Status of Adopted Child

In light of the principle settled by the Honorable High Court, Adoption did not change the relationship of a person with his real parents and siblings, nor did it create a real relationship between him and his adoptive parents, and their children. Practical implications of such view were that all rules which applied between blood relatives were still valid; for example the child would still be a mahram; that an adopted child could not marry his or her real siblings, he or she was also eligible for inheritance from the real parents, and there was no need for hijab between the child and his or her real family. On the other hand, the rules that applied between non-related persons were still valid, for example adoption would not create the mahrammiyyat between the child and the new family. In cases of adoption, a sort of semi-familial relationship and mehrammiyyat was created between the adopted child and the adoptive family, when such adopted child was below two years of age, and was also breast-fed directly by the adoptive mother for at least a day and a night which created a foster “rizai” relationship and the child was thus mehram to the new family, and there was no need for hijab, nor could the child marry the real children of his adoptive parents. Al-Qur’an Verse 33:4 rel.

Child Adoption in Islam

Adoption is allowed in Islam, however, changing the family name of the adopted child is not allowed. As ordained in the Holy Quran in ‘Surah Al Ahzab’, the change of parentage of an adopted child, was strictly prohibited, because he was not a natural child of adoptive parents, he could have the rights and privileges of his adoptive parents. Adopted child could have all affections and love of adoptive parents and was entitled to all financial and other benefits from his/her adoptive parents. In Islam, adopted child had no right of inheritance in the property of his/her adoptive parents, but adoptive parents could willingly, during their life time, give their property to their adopted child by way of gift or will. Adopted child on attaining the age of majority, was at liberty to opt for the nationality of the country of his/her adoptive parents, or real parents, as the case may be, if the nationality of adoptive parents was different to that of the nationality of his/her natural parents.

Relationship with Adopted Child

If the child was two years old or less and was also breast-fed directly by the adoptive mother for at least a day and a night (or fifteen times consequently), then the child will become mahram to the new family. If the child was not breast-fed as mentioned above then he or she will remain non-mahram to the new family.

Adopted Child Property Rights in Pakistan

In Islam, the right of inheritance was based on uterine relationship. In case of inheritance, however, even a rizai child had no right to the estate of the adoptive parents, although, adoptive parents could write up to one-third of their estate for their adoptive child. Adoption in rizai or non-rizai form does not give the adopted child a right to inherit the estate of the adoptive parents; nor does it deprive him or her from inheriting the estate of the real parents.

Adoption of Muslim Child by Non-Muslim

Muslim child can not be a non-Muslim, as general presumption was that a child born in Muslim Society belonged to a Muslim family unless specifically proved that the child was not born out of Muslim wedlock, or his father was not Muslim by faith. Said presumption is rebuttable, and without rebuttal of the presumption by evidence, the custody of a Muslim child of unknown parentage, could not be given to a non-Muslim. Adoption of a child by a non-Muslim without proof that the child was born in a non-Muslim family, could result in conversion of a child into non-Muslim, and by compulsion without consent. Presumption, that parentless child in a Muslim Society was born in Muslim Family, was rebuttable through evidence of parentage before the court of competent jurisdiction and if it was proved that child was not born in Muslim Family, court could decide the question of custody of child accordingly. Non-Muslim could not be given custody of a deserted or parentless child or a child whose parentage was not known from an orphnage, or otherwise, Child born in non-Muslim family, could be adopted by a Muslim and his custody was to be regulated accordingly.

“Adoption” and “guardianship of a child” – The Difference

Guardianship – Custody of a male or female child, could be given to the relatives on paternal or maternal line in the order of relationship in prohibited degree under Islamic law, and a person having relation with a child in prohibited degree, could act as guardian of a child without a formal order of the court, but there was nothing to prevent a person from applying to the court under the Guardians and Wards Act, 1890, for his appointment, as a guardian, or declare him to be the guardian of a child; but a person, was not bound to wait to seek such declaration, until, his/her title or fitness to act as guardian of a child was disputed by another person. Application for the appointment of a guardian, could be made, not only by a person desirous of being or claiming to be, the guardian of the minor, but also by any relative or friend of the minor, and in some cases by the Collector of the District. Right of custody of a child in case of a boy under the age of seven years, and of a girl before attaining puberty, belonged to the male and female relatives in the order of prohibited degree in the paternal and maternal line of the child. Consideration for guardianship was based on the welfare of the minor and his/her interest, rather than the interest of parents. Presumption that welfare of the minor lay with the party entitled to the Hizanat was rebuttable and if in a given case the circumstances justified depriving a party, otherwise entitled to the custody under Islamic law, the court could pass an order accordingly.

Adoption, on the other hand, had different considerations. Adoption of a child had no legal effect in Shariah, rather it was for emotional and psychological satisfaction. Adoptive parents could treat an adopted child as their natural child in the matters of love, affection and general behaviour. Adoption of a child with the purpose to provide shelter to him, was virtuous, which carried much reward in welfare of the child but adoption had no legal consequence in Islam. Children should be attributed to the natural parents and not to the father or mother who had adopted him and marriage of adopted children with natural children of adoptive parents, were not prohibited, unless they related to each other in a prohibited degree. Adoption would not create a new legal relationship, which did not exist before adoption. Said Rule is inferred from the principle ordained by Holy Quran in ‘Surah Al-Ahzab’—People in ‘Jahiliyyah’ used to treat an adopted child in all respect as the real one, and the Allah Almighty in Holy Quran, condemned that practice.