Adoption is a sensitive and complex issue, especially in the legal and cultural context of Pakistan. While adoption is not recognized in the same manner as in Western countries, there are provisions in Islamic teachings and Pakistani law that deal with the status and rights of an adopted child. This article provides an in-depth analysis of the rights of adopted children in Pakistan, referencing relevant laws, court decisions, and Islamic principles.
1. Legal Status of Adoption in Pakistan
In Pakistan, the concept of adoption as understood in Western legal systems is not recognized under the law. Instead, adoption is governed by a combination of Islamic principles and specific provisions of Pakistani law. The term often used is “guardianship,” regulated by The Guardian and Wards Act, 1890.
The Guardian and Wards Act, 1890
- Section 7 of the Act states: “A person desirous of being, or claiming to be, the guardian of a minor may apply to the court for an order appointing him/her as such.”
- Under this law, guardianship focuses on the welfare of the child rather than transferring legal parentage.
2. Rights of an Adopted Child in Pakistan
A. Right to Maintenance and Care
Adopted children are entitled to the same level of care, education, and upbringing as biological children. The guardian is obligated to ensure the child’s welfare under Section 17 of the Guardian and Wards Act, 1890.
B. Inheritance Rights
Adopted children do not inherit from their adoptive parents as biological children would. Inheritance laws in Pakistan are governed by Islamic principles, specifically the Shariah, which does not recognize adopted children as legal heirs. However, adoptive parents can provide for the adopted child through a will (“wasiyyah”) of up to one-third of their estate.
C. Right to Identity
Islam emphasizes the preservation of the biological lineage of a child. The Holy Quran states in Surah Al-Ahzab (33:5):
*”Call them by [the names of] their fathers; it is more just in the sight of Allah.”
*
This verse establishes the importance of maintaining the child’s biological identity, which also aligns with the legal requirements in Pakistan.
D. Right to Protection
The adoptive parents or guardians are legally and morally responsible for protecting the child from abuse, neglect, and exploitation. Courts in Pakistan prioritize the welfare and safety of the child when granting guardianship.
3. Relevant Case Laws
A. Supreme Court Judgment
In the case of Mst. Zubaida Khatoon v. Abdul Aziz (PLD 1970 SC 173), the court emphasized the welfare of the child as the paramount consideration in appointing a guardian.
B. High Court Judgment
In Shireen Zafar v. Syed Ahmad Khan (2011 CLC 45), the Lahore High Court highlighted that adoption or guardianship does not alter the inheritance rights prescribed under Islamic law.
4. Adoption and Islamic Teachings
Islam encourages the care and upbringing of orphaned or abandoned children but does not recognize adoption in a way that severs the child’s biological ties. Instead, Islam places a strong emphasis on kafalah (sponsorship), where the child’s welfare is ensured without altering their lineage.
The Prophet Muhammad (PBUH) said:
“The sponsor of an orphan and I will be in Paradise like these two,” – indicating the closeness of two fingers (Sahih Bukhari).
5. Adoption Procedures in Pakistan
- Guardianship applications are filed under the Guardian and Wards Act, 1890, in the relevant Family Court.
- Courts evaluate the applicant’s ability to provide for the child’s welfare, including financial stability, moral character, and suitability.
6. Challenges and Recommendations
While the law facilitates guardianship, the lack of clear adoption policies often creates ambiguities. Families and legal practitioners are encouraged to advocate for policies that balance Islamic principles with modern child welfare standards.
7. Frequently Asked Questions (FAQs)
Q1: Can an adopted child inherit from adoptive parents in Pakistan?
No, an adopted child cannot inherit under Islamic law but can be included in a will for up to one-third of the estate.
Q2: What is the legal process for adopting a child in Pakistan?
Adoption is processed as guardianship under the Guardian and Wards Act, 1890. Applicants must apply to the Family Court.
Q3: Does adoption change the biological lineage of the child?
No, Islamic law and Pakistani law require the preservation of the child’s biological lineage.
Q4: Are there any restrictions on who can adopt a child in Pakistan?
Yes, the guardian must meet criteria for financial stability, moral character, and suitability as determined by the Family Court.
Q5: Can adoptive parents rename the child in Pakistan?
The child’s name can be changed for social purposes, but the biological lineage must be preserved in official records.
For legal advice and assistance regarding adoption and guardianship cases, contact:
Azam Ch Advocate
Sattaria Law Associates
220, 221, 222 District Courts Okara
Google Map: https://maps.app.goo.gl/qTEKtiAxwGUqdm5x7
Mobile & WhatsApp: +923006954414
Website: www.azamchadv.com
