Child adoption laws

In Pakistan, adoption as a legal concept does not exist, so adoptive parents are considered "guardians" instead. Under Islamic law, the child’s lineage cannot be altered, so the guardianship arrangement preserves the child's family identity. Guardians have similar responsibilities to adoptive parents but must respect the child’s right to their biological family name and inheritance rights.

The Guardians and Wards Act of 1890 is the primary law that governs child guardianship in Pakistan. This law allows individuals or couples to become the legal guardians of a child. Through a court process, the applicant(s) must demonstrate that they are fit to care for the child. Once appointed as guardians, they can make decisions on the child’s behalf, but the child's legal identity and inheritance rights from their biological family are preserved.

To become a legal guardian, individuals or couples need to apply for guardianship at a Family Court. The court evaluates the applicants' financial stability, moral character, and ability to care for the child. The process includes:

Filing a guardianship petition.

Submitting personal and financial records.

Providing proof of the child’s well-being with the applicant. The court’s decision is based on the child’s best interests.

Yes, guardianship is granted based on several criteria. The applicant should generally be: 1- A Muslim if the child is Muslim (as Islamic law does not allow non-Muslims to be guardians of Muslim children). Of good moral character and financially stable.
2- Capable of fulfilling the child's physical, emotional, and educational needs. The court assesses these criteria to ensure the child’s welfare.

Legal guardians in Pakistan have the right to make decisions about the child’s education, healthcare, and general welfare. However, certain limitations apply:

Guardians cannot change the child’s family name to their own.

The child retains inheritance rights from their biological family.

Guardianship does not create a parent-child relationship under the law, so the child is still legally recognized as part of their biological family.

Foreign nationals seeking guardianship of a Pakistani child must meet specific requirements and often collaborate with adoption agencies or organizations that specialize in child welfare. The process for foreigners includes:
Applying through the Family Court for guardianship.
Meeting additional requirements set by their home country if they plan to take the child abroad. Some countries may require Pakistani legal guardianship to be converted into adoption once back in the applicant's country of residence.

Pakistan has several welfare organizations, like Edhi Foundation, SOS Children’s Village, and Saylani Welfare, that help place orphaned or abandoned children in suitable guardianships. These organizations can guide potential guardians through the process, helping them meet legal requirements and complete the necessary documentation.

Yes, guardianship can be reversed in certain cases. If the guardians are found unfit or if the child’s biological family wishes to reclaim custody, they can apply to the court for a reversal of guardianship. The court evaluates the best interests of the child before making a final decision, prioritizing their welfare.

Under Islamic law, adopted or guardian-placed children retain inheritance rights with their biological family rather than their guardian’s family. However, guardians can choose to allocate part of their estate to the child by specifying it in a will. Pakistani law permits up to one-third of a person’s estate to be given to non-family members, which can include the guardian’s child.

The Family Court is responsible for overseeing guardianship petitions and ensuring they align with legal and welfare standards. The court evaluates the applicant’s ability to provide for the child and considers the child’s best interests. It may also conduct home visits and interviews to assess suitability before granting guardianship rights.

Guardians are legally obliged to ensure the child’s well-being, providing for their physical, emotional, and educational needs. Guardians must act in the child’s best interests, and if they are found neglecting these duties, the guardianship can be reviewed and possibly revoked by the court.