Child Adoption

Legal Services for Overseas Pakistani

Child Adoption in Pakistan

— Providing Care and Legal Expertise for a New Beginning

Adopting a child is a life-changing decision filled with love, hope, and a deep sense of responsibility. At Faisal Basit Sheikh & Co. LLP, we are dedicated to guiding you through this profound journey with clarity and compassion. Our expert legal services ensure that the adoption process in Pakistan is smooth, transparent, and fully compliant with the law.

Child adoption involves creating a permanent parent-child relationship through a judicial or administrative act. It not only establishes legal rights for adoptive parents but also provides a nurturing environment for the child, embodying the spirit of family and care.

The Adoption Process in Pakistan

Adoption in Pakistan is governed by a mix of legal frameworks and cultural sensitivities. Our firm is committed to helping local and overseas Pakistanis navigate this process while adhering to all regulations.

Step-by-Step Guide to Adoption

  • Appointing a Special Attorney
    For overseas Pakistanis, a trusted representative can act on your behalf. We help appoint a special attorney who manages the required legalities, ensuring that the process proceeds seamlessly in your absence.
  • Drafting an Adoption Agreement and Surrender Deed
    Our legal team drafts agreements between adoptive and biological parents, ensuring all necessary consents are recorded. We also prepare the surrender deed, a critical document formalizing the transfer of custody.
  • Filing an Adoption Petition
    With all documentation in place, including identification and financial details, we file a petition in the family court. This petition formally requests custody rights for the adoptive parents.
  • Receiving the Adoption or Guardianship Certificate
    Once the court reviews the case and approves the petition, it may require a surety to confirm the child’s well-being. Following this, the court issues the legal certificate needed to complete the process.
  • Registration of the Adoptive Child
    We assist in registering the child’s details with NADRA and other relevant institutions, ensuring that the adoption is officially recognized by the State.
  • Travel Permission
    For overseas Pakistanis, court approval is necessary to travel with the adopted child. We handle the legal requirements to obtain this permission.
  • Passport and Immigration
    Our team ensures the child’s seamless transition to your resident country, assisting with passport issuance, immigration approvals, and visa applications.

Legal Documentation for Child Adoption

Adopting a child involves thorough legal formalities to ensure compliance with relevant laws and safeguard the interests of the child. The essential documents include:

  • Adoption Agreement
    The biological and adoptive parents must execute an adoption agreement outlining the child’s details, reasons for adoption, and agreed-upon terms. This serves as the foundational document in the adoption process.

  • Consent of Biological Parents or Surrender Deed
    If the biological parents are alive, their consent to place the child in the custody of the adoptive parents is mandatory. In exceptional cases, such as neglect or abandonment, consent may be waived.

  • Child’s Documents
    A birth certificate issued by both the hospital and the Provincial Government is required, along with a Form-B from NADRA.

  • Documents of Biological Parents
    Biological parents must provide their marriage certificate (attested by NADRA or the Provincial Government) and Nikah Nama.

  • Documents of Adoptive Parents
    Adoptive parents must furnish proof of marriage, financial stability, CNICs/passports, permanent address, ownership of immovable assets, and a welfare report regarding the child.

  • Adoption Application
    Prospective adoptive parents submit an application to the relevant hospital or orphanage, detailing their personal and financial profiles.

  • Verification Reports and NOCs
    Adoption centers or hospitals may conduct inquiries through law enforcement agencies to verify the adoptive parents’ eligibility. A No Objection Certificate (NOC) is issued to facilitate custody and international travel.

  • Court Proceedings
    Finalizing adoption requires filing a petition under the Guardian and Wards Act, 1890, for legal guardianship and travel permissions. The court may issue an adoption order granting custody to the adoptive parents.

Rights and Obligations of Adoptive Parents

Rights

  • Legal Recognition: Adoptive parents are granted full legal rights and responsibilities for the child.
  • Decision-Making Authority: They can make decisions regarding education, healthcare, and welfare.
  • Confidentiality: They retain privacy regarding adoption details.

Obligations

  • Child Welfare: Providing a nurturing, supportive environment.
  • Respect for Heritage: Honoring the child’s cultural and religious roots.
  • Legal Compliance: Registering the child’s status in NADRA.

Eligibility Criteria for Adoptive Parents

         — Adoptive parents must meet the following requirements:

    1. Age

      • Domestic Adoption: A minimum age of 25 years is required, with at least a 25-year age gap between the child and one adoptive parent.
      • International Adoption: Adopters must adhere to both Pakistani laws and those of their home country.

    2. Marital Status

      • Married couples must provide joint consent.
      • Single individuals may adopt under specific conditions, subject to legal scrutiny.

    3. Financial Stability
      Adoptive parents must demonstrate financial capacity to provide for the child’s needs, ensuring a secure future.

Islamic Perspective on Adoption

         —Islam permits adoption as an act of compassion but prohibits changing the parentage of the adopted child (Qur’an, Surah Al-Ahzab 33:4). Key guidelines include:

  1. Name and Parentage

    • The child’s biological parentage must be maintained.
    • Name changes are discouraged to avoid legal complications.

  2. Inheritance Rights

    • Adopted children do not inherit from adoptive parents. However, property can be transferred through gifts or wills.

  3. Foster Relationships

    • A breastfed child under two years becomes a mehram to the adoptive family, establishing a foster relationship.

Types of Adoption

  • Domestic Adoption
    This involves adopting within Pakistan by Pakistani residents and follows local procedures.

  • International Adoption
    Overseas Pakistanis or foreigners may adopt, subject to compliance with Pakistani and international laws.

  • Private Adoption
    Adopting from relatives or unrelated private individuals requires additional steps like preparing an adoption deed, filing legal suits for parental termination, and registering the child with NADRA.

Contact Us

Contact us to book a consultation with our legal experts. Whether you’re in Pakistan or overseas, we offer comprehensive support tailored to your needs.

For Overseas Clients
We provide virtual consultations via Zoom or WhatsApp for your convenience.

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