adoption procedure in pakistan

what is the adoption law and procedure in pakistan?

ANSWER: 

In Pakistan, the adoption process is now exclusively regulated through the Child Protection Bureau in each province. Below is the updated and corrected information regarding the legal framework and procedure:

Legal Framework

1. Child Protection Act:
   • The Child Protection Bureau is the sole authorized institution for managing and overseeing adoptions in Pakistan.
   • Private organizations such as Edhi Foundation or SOS Children’s Villages are not permitted to initiate or conduct the adoption process. All matters related to adoption are strictly handled by the Bureau.
2. Islamic Law (Shariah):
   • While Islamic law does not recognize adoption in the Western sense, it permits guardianship (Kafalah). The adopted child retains their biological identity, including name and inheritance rights.
3. Guardians and Wards Act, 1890:
   • Courts recognize adoptions as guardianship and issue Guardianship Certificates based on the welfare of the child.

Adoption Procedure

1. Application to the Child Protection Bureau:
   • Prospective parents must directly apply to the Child Protection Bureau in their province.
   • The Bureau conducts a thorough investigation, including background checks, financial stability, and an interview with the applicants to assess their suitability.
2. Approval by the Child Protection Bureau:
   • After completing its investigation, the Bureau authorizes the placement of a child with the prospective parents.
3. Court Recognition:
   • The guardianship is formalized by filing a petition in the court under the Guardians and Wards Act, 1890.
   • The court considers the welfare of the child and the Bureau’s recommendation before issuing a Guardianship Certificate.

Key Points

• Exclusive Authority of the Child Protection Bureau:
  • Only the Child Protection Bureau is authorized to conduct and oversee the adoption process. Organizations like Edhi Foundation or SOS Children’s Villages can no longer initiate any part of the adoption process.
  • Adoption applicants must work directly with the Bureau in their respective province.
• Court’s Role:
  • The court’s recognition is essential to finalize the guardianship and to ensure legal compliance under the Child Protection Act and related laws.
• Inheritance:
  • Adopted children do not have automatic inheritance rights under Islamic law. However, guardians can provide for them through a will (up to one-third of their estate).
• Documentation:
  • Once the court issues a Guardianship Certificate, guardians can apply to NADRA for the child’s legal documents, such as a B-Form or NIC.

Contact and Assistance

If you require assistance with the adoption process or need guidance on filing a petition, feel free to contact us at 0321 4610092 or visit Adoption laws in Pakistan.