Question :

My husband and I are in Australia currently and I am an Australian citizen; my husband is a US citizen. We have six children of our own and would like to adopt more children. Can we become legal guardians to orphaned children and take back to live in Australia with us?
Would love to know if this is possible?

Thanks very much,

Answer

 In Pakistan, there is no direct adoption law similar to Australia or the United States. Matters relating to orphaned or abandoned children are governed under The Punjab Destitute and Neglected Children Act, 2014 and the Guardians & Wards Act, 1890. Children are placed under legal guardianship, not formal adoption.

Foreign couples may apply to become guardians of destitute children through the court. The process generally requires:

  1. Declaration of Destitution
    The child must be formally declared destitute or neglected by the Child Protection & Welfare Bureau under the 2014 Act.

  2. Guardianship Proceedings Before the Court
    A Guardian Court evaluates your suitability and may appoint you as legal guardians in the child’s best interest.

  3. Permission for Relocation to Australia
    The Court must approve international travel so the child may accompany you and live under your care abroad.

It is also important to clarify that only non-Muslim children may be given into legal adoption/guardianship to non-Muslim adoptive parents under prevailing Pakistani legal and religious principles.
However, where a biological parent(s) is willing to voluntarily give their child for upbringing abroad, we can assist with a direct private guardianship arrangement, subject to court approval and welfare verification.

Once guardianship is granted in Pakistan, you will further need to fulfill Australian immigration and child welfare requirements before the child can lawfully travel.

Accordingly, your intention to take an orphaned or needy child to Australia is legally possible, provided the above procedures are complied with and approvals from both countries are obtained.

Should you require assistance in preparing the application, documentation, and coordination with the competent authorities, our firm will be pleased to assist you throughout the process.

Answer:

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