Pension for adopted son:

My husband died while serving in the Punjab Government. He left behind his widow and an adopted minor son, who was recorded in the official documents as his biological son. The child is currently living with his biological parents, who are now claiming his share of the pension, gratuity and group insurance benefits payable after my husband’s death.

Please guide me regarding the legal rights of the widow and the adopted minor child, and whether the biological parents of the child are legally entitled to claim or receive any pension, gratuity, group insurance or other death benefits on his behalf.

Answer: 

For a proper legal assessment, the age of the child is important, particularly because entitlement to family pension and other service/death benefits can depend upon whether the child is a minor or has attained majority.

If the deceased employee officially declared and registered the child as his son, including in NADRA records and government service documents, the child may be treated as his legal/recorded dependent for the purpose of applicable service benefits, subject to the relevant Punjab Government pension and benefits rules.

The biological parents do not automatically acquire a personal right to the deceased employee’s pension, gratuity or group-insurance benefits merely because they are the child’s biological parents. If any amount is payable to the child, it is generally payable for the child’s benefit and subject to the applicable rules and guardianship requirements, rather than becoming the biological parents’ personal property.

If the child has already attained majority, he may be able to personally claim the benefits payable to him according to his entitlement/share. If he is still a minor, the position is different and the manner in which his benefits are received or administered will depend upon the applicable government rules and lawful guardianship arrangements.

As regards custody, the biological parents’ claim to pension or other financial benefits does not by itself give them an automatic right to take custody of the child. Custody/guardianship is a separate legal issue, and the welfare and best interests of the minor are the primary considerations before the competent court.

Please confirm the present age of the child, whether the deceased’s NADRA record shows him as his son, and whether the child was also mentioned as his son in the service book, pension papers and death-benefit nomination forms. With these details, the precise legal position regarding pension, gratuity, group insurance and custody can be determined.