What is Child Adoption?
Child Adoption is a process where a person assumes the guardianship of a child, from the biological or legal parents.
Once the child adoption procedures complete it permanently transfer the rights and responsibilities to the guardian, along with affiliation, from the biological parents
There is no specific law regarding the adoption of a child in Pakistan. It does not mean that adoption is literally prohibited in Pakistan. Children in especial circumstances are placed under the guardianship of their near relatives or suitable person appointed by Court. In that case the children do not automatically adopt the parentage of their guardians. They will legally enjoy all social and economic rights except for inheritance of property from their guardian.
There are two methods to adopt a Pakistani child.
- Either adopt a child through the child protection bureau (including registered orphanage)
- Or through the guardian court of Pakistan
To adopt an orphan baby in Pakistan you should only visit authorized orphanage centers or child protection centers.
Once you have decided to adopt the proceedings will initiate in the court of District judge. You have to proceed with your case and convince the judge that you are a suitable couple to adopt a baby in Pakistan. Before you start court proceedings you have to submit;
- Your complete profile showing your priority in child adoption
- Gender of adopting parents
- Age of baby you wish to adopt
- Along with other requirements to adopt a baby in Pakistan.
- A professional lawyer prepares the case in which you will claim the adoption.
- The adopting parents will provide their personal information i.e. profession, age, religion, sect, income, etc
- A child cannot be adopted from unauthorized adoption centers in Pakistan. It can only be done via Chippa, Edhi, etc..
What is the Child Adoption Procedure in Pakistan?
The procedure of child adoption in Pakistan involves these necessary steps;
Eligibility requirements to adopt Pakistani child are as below:
- Name of child.
- Date of Birth of Child and Place of Birth.
- Name and Address of Terminating Parent.
- The adoptive parents have to be a Muslim. (Unless the agencies know they are placing a Christian Child, they cannot place a Muslim child with Christian family)
- Couples must be married for at least three years. (Provide valid proof of marriage certificate)
- Prospective adopting parents must be at least 25 years of age.
- Parents must be able to afford to raise the child
- At least one of the parents must be of Pakistani origin or eligible for a NICOP or CNIC (A requirement for the foreigners only)
- Apply to the Family Court adoption.
Court Procedure to Adoption Child
Once you fulfill all the above-mentioned requirements then you need to start a case.
- Filing of Suit for Declaration and Termination of Parental Rights.
- Notice sent to the parties.
- Submission of adoption deed or get holds of recorded consent of parents.
- Record the Evidence of both parties.
- Final arguments & decree by the Court.
- Filing for Guardianship (it is not necessary but favorable)
- After getting a guardianship decree from the court, adopting parents can obtain NADRA B-form which is also called CRC (Child Registration Certificate). So that when the child reaches the age of 18 he got the National Identity Card number.
Anam Younis Advocate, Islamabad