Child Adoption Procedure and Law In Pakistan

If you have decided to adopt a child in Pakistan for any reason or if you want to take that child with you in a foreign country. Then this article is very important for you as we have explained the whole child adoption procedure in Pakistan.

Those users who want to adopt a child in Pakistan usually ask these questions so we have tried our best to answer them:

  • How much does it cost to adopt a child from Pakistan?
  • Is adoption legal in Pakistan?
  • Where can I adopt a child in Pakistan?
  • How can I adopt a child from the adoption center?

Child Adoption Law in Pakistan

In Pakistan, there’s no specific law that deals with the child adoption procedure. However, there is much other law that supplements this process.

Mainly Family court of Pakistan deals with this subject and if you want to adopt Pakistani child and later on shift UK, USA, or any other country, you have to file suits in family court.

There are two methods to adopt a Pakistani child.

  1. Either adopt a child through the child protection bureau (including registered orphanage)
  2. Or through the guardian court of Pakistan (see guardianship certificate).

To adopt an orphan baby in Pakistan you should only visit authorized orphanage centers or child protection centers.

Once you have decided to adopt the proceedings will initiate in the court of District judge. You have to proceed with your case and convince the judge that you are a suitable couple to adopt a baby in Pakistan. Before you start court proceedings you have to submit;

  • Your complete profile showing your priority in child adoption
  • Gender of adopting parents
  • Age of baby you wish to adopt
  • along with other requirements (we will discuss in this article) to adopt a baby in Pakistan.
  • A professional lawyer prepares the case in which you will claim the adoption.
  • The adopting parents will provide their personal information i.e. profession, age, religion, sect, income, etc
  • A child cannot be adopted from unauthorized adoption centers in Pakistan. It can only be done via Chippa, Edhi, etc.

What is Child Adoption?

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

Once the child adoption procedures complete it permanently transfer the rights and responsibilities to the guardian, along with affiliation, from the biological parents.

What is the Child Adoption Procedure in Pakistan

The procedure of child adoption in Pakistan involves these necessary steps;

Eligibility requirements to adopt Pakistani child are as below:

  • Name of child.
  • Date of Birth of Child and Place of Birth.
  • Name and Address of Terminating Parent.
  • The adoptive parents have to be a Muslim. (Unless the agencies know they are placing a Christian Child, they cannot place a Muslim child with Christian family)
  • Couples must be married for at least three years. (Provide valid proof of marriage certificate)
  • Prospective adopting parents must be at least 25 years of age.
  • Parents must be able to afford to raise the child
  • At least one of the parents must be of Pakistani origin or eligible for a NICOP or CNIC (A requirement for the foreigners only)
  • Apply to the Family Court adoption.

Court Procedure to Adoption Child

Once you fulfill all the above-mentioned requirement then you need to start a case.

  • Filing of Suit for Declaration and Termination of Parental Rights.
  • Notice sent to the parties.
  • Submission of adoption deed or get hold of recorded consent of parents.
  • Record the Evidence of both parties.
  • Final arguments & decree by the Court.
  • Filing for Guardianship (it is not necessary but favorable)
  • Applying for B form or CRC Form

After getting a guardianship decree from the court, adopting parents can obtain NADRA B-form which is also called CRC (Child Registration Certificate). So that when the child reaches the age of 18 he got the National Identity Card number.

Once adopting parents have received the “B” form with the NIC number they can apply and get a Pakistani passport made for the child. Parents who reside overseas can apply for a National Identity Card for Overseas Pakistanis (NICOP) for their child.

The Concept of Child Adoption under Islamic Law

The Islamic Republic of Pakistan is a country built in the name of Islam. Its constitution states in bold letters that “No such law shall be made or enforced which is against the injunction of Islam and the Sunnah”.

In Islam raising or adopting a child who is not one’s genetic child is allowed and even encouraged. But, that child does not become a legal child of the “Adoptive Parents”.

It means that the adopted child doesn’t carry the same name as its sponsoring parents. In Islam it is considered a blessing to take care of an orphan, it is considered a duty for humane people.

In Arabic, the child adoption procedure is referred to as “kafala” and is translated as sponsorship. The sponsored child can become a mahram to his sponsoring family. If he or she is breast-fed by the sponsoring mother. The only limitation that Islam imposed on the adoption process is that “the adopted child does not confer the right of inheritance in the property of adopting parent”. The second limitation imposed is that “The adopting parents must not replace the child’s father’s name to their own”.

A Hadith involving Aisha R.Z and Abu-Hudhayfah ibn Utbah’s adoptive son Salim mawla Abu Hudaifa states:

Abu Hudhaifa, one of those who fought the battle of Badr, with Allah’s Apostle adopted Salim as his son and married his niece Hind bint Al-Wahad bin ‘Utba to him’. Salim was a freed slave of an Ansari woman.

The Prophet Muhammad SAW also adopted Zaid as his son. Later it was revealed in the Quran that Zaid must divorce his wife, and for Prophet Muhammed to marry her instead, to remove any hesitance that adopted people are not true sons/daughters to their adopters.

Thus the prohibition banning fathers marrying their sons’ wives after the wives are divorced does not apply between adoptive parents and their children.
In Surah Al- Ahzab Allah Almighty forbidden changing parents’ names. So they are the guardians/ sponsored of this child but not the real parents.

Some philanthropic says that the child adoption procedure should be legislated, but in reality, it cannot be legislated because of the principle that is “one law against an anti-Islamic in Pakistan”.

This is how you can file a complete child adoption procedure in Pakistan to adopt a child from a registered orphanage like Edhi. If you have any other query feel free to contact us.

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M. Mateen
I'm a professional practicing Lawer at Rawalpindi District Courts of Pakistan. I graduated from the International Islamic University of Islamabad in the faculty of Shria (LLB). Right now I am a student of LLM/M.Phil in Corporate Law.

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