The concept of adoption provides a pathway to transform the lives of countless children around the globe. However, in Pakistan the concept and process of adoption in Pakistan is shaped by Islamic principles as all laws in Pakistan stem from Islamic Jurisprudence especially family laws. Hence, in Pakistan adoption is influenced by Islamic injunctions and legal provisions that prioritize guardianship over adoption.
Procedure for Adoption:
The procedure of adoption in Pakistan is different from most western countries as there are no laws that directly deal with adoption; however, adoption is not prohibited and any person who wishes to adopt a child can do so by obtaining a guardianship certificate from the guardianship court. Section 7 of the Guardian and Wards Act grants power to the guardianship court to grant guardianship of any person or property provided that such is for the welfare of the minor. The court whilst granting guardianship prioritizes welfare of the child and only grants guardianship if granting guardianship is in the welfare of the child.
To obtain guardianship an application must be submitted to relevant district guardianship court. The application includes the following: personal details (including names, ID Card Nos. residential details, relation with real parents/custodian and adoptive parents), purpose of adoption, and signatures of the present custodian of the minor. If the child is an orphan, then the procedure is simple but if the child has parents that such application has to be endorsed by the parents and the parents must acknowledge that the adoption is in the welfare of the minor.
In a crux, the adoption/guardianship procedure is Pakistan is not a complicated procedure and can be done easily by filling the guardianship application but through a solicitor.
ADVOCATE ZONA ASKRI
