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Child adoption laws

Child adoption laws allow for a person to permanently assume the role of a child's parent from the child's biological or legal parent, effectively transferring all rights and responsibilities associated with being a parent. This process is usually initiated when the biological or legal parents are unable or unwilling to care for the child. Unlike guardianship or other systems designed for the care of the young, adoption is intended to effect a permanent change in status and as such requires societal recognition, Child adoption law either through legal or religious sanction. Historically, some societies have enacted specific laws governing adoption; where others have tried to achieve adoption through less formal means, notably via contracts that specified inheritance rights and parental responsibilities without an accompanying transfer of filiation. Modern systems of adoption, arising in the 20th century, tend to be governed by comprehensive statutes and regulations.

Adoption for the well-born

Adoption for the well-born

Adoption has been around for much longer than most people realize - with the first recorded instances appearing in the Code of Hammurabi and the Codex Just in. In ancient Rome, Adoption was often used as a tool to maintain social order - with wealthy families adopting children from poorer families in order to keep them from becoming a burden on society. While the modern form of adoption is somewhat different, the idea that it is used as a way to help children in need is still very much the same. Ancient adoption practices were focused on the adopter's political and economic interests, providing a legal way to strengthen ties between families and create male heirs. The aristocracy's use of child adoption law is well-documented; many of Rome's emperors were adopted sons. Adrogation was a type of Roman adoption that required the adopter to be at least 60 years old.

Adoption and commoners

Adoption and commoners

After the fall of the Roman Empire, the cultures that came to dominate Europe denounced the practice of adoption. In medieval society, bloodlines were of the utmost importance; if a ruling dynasty didn't have a “natural-born” heir, they would be replaced. This was a stark contrast to Roman tradition. The evolution of European law reflects this change in attitude towards adoption. For instance, English Common Law did not allow for adoption since it went against the customary rules of inheritance. The Napoleonic Code, which was put into place in France, made adoption more difficult by requiring adopters to be over the age of 50, sterile, and at least 15 years older than the person they were adopting. Although some adoptions still continued to happen, they became more informal and based on contracts. For example, in 737, three adoptees were made heirs to an estate in a charter from the town of Lucca. The agreement, like other similar arrangements at the time, placed the emphasis on the responsibility of the adopter rather than the adoptee. It focused on the fact that, under the contract, the adoptive father was responsible for caring for the adoptee in his old age; an idea that is similar to conceptions of adoption under Roman law.

Forms of adoption

Forms of adoption

Open or closed adoptions are the two main types of contemporary adoptions. Open adoption usually allows for communication between the adoptive and biological parents, as well as potential interaction between extended family members and the adopted person. In some cases, it is the result of laws that grant an adoptee access to their unaltered birth certificate and/or adoption records. However, this type of access is not always available (it is possible in a few jurisdictions—including the UK and six states in the United States). Open adoption is an arrangement in which the adoptive parents have sole custody of the child, but the biological parents may still visit or exchange information. In some cases, these arrangements are legally binding. As of February 2009, 24 U.S. states allow for legally enforceable open adoption contract agreements.

FAQs

Child adoption is not legally recognized in Pakistan in the same way as in many other countries. Instead, Pakistan follows a "guardianship" system under the Guardians and Wards Act of 1890, where the adoptive parents can apply to become the legal guardians of a child rather than legally adopting them. This guardianship provides many of the same protections but doesn’t sever the child’s legal ties to their biological parents under Islamic law.

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.



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Ahmed Burhan

Mr Ahmed Burhan

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