Adoption in Pakistan: A Complex Landscape
While the desire to provide a loving home for a child in need is universal, the legal framework surrounding adoption in Pakistan is complex. Unlike many countries, Pakistan lacks a specific law governing adoption. This article explores the current practices and considerations for those seeking to adopt a child in Pakistan.
Islamic Law and Adoption
Islamic jurisprudence plays a significant role in Pakistani legal proceedings. While there's no explicit prohibition on adoption in Islam, the concept differs from Western adoption. Adopted children don't inherit from their adoptive parents and retain ties to their biological families.
The Guardians and Wards Act
In the absence of a dedicated adoption law, Pakistan utilizes the Guardians and Wards Act, 1890 (GWA) [1]. This act allows individuals to apply for guardianship of a child through the civil/family court. This grants the guardian responsibility for the child's care and upbringing but doesn't establish full parental rights.
The Adoption Process
Despite the lack of a formal law, there is a prevailing practice for adoption in Pakistan. Here's a general outline:
1. Informal Arrangements: Some adoptions occur through private agreements between biological and adoptive parents. However, these lack legal enforcement and can lead to future disputes.
2. Adoption Deed: A written agreement outlining the adoption terms can offer some protection. It should detail the child's information, reasons for adoption, and safeguards the adoptive parents' custody rights.
3. Guardianship through Courts: For a more secure arrangement, applying for guardianship under the GWA is recommended. This provides legal custody and involves a court evaluation to ensure the child's well-being.
4. Child Protection Certificate: After obtaining guardianship, a Child Protection Certificate (CPC) is required from the National Database and Registration Authority (NADRA) [2].
5. National Identity Card: The adopted child can then be issued a National Identity Card (NIC) by NADRA.
Considerations for Adoption
Religion: Generally, Muslim Pakistani nationals or holders of Pakistani Origin Cards (POC) or National Identity Cards for Overseas Pakistanis (NICOP) can adopt from child protection agencies. Religious minorities may have different procedures based on their personal laws.
Eligibility: Prospective parents typically need to be married for a minimum duration, be of a certain age (often 25+), and demonstrate financial stability.
Foreign Adoption: Foreign adoptions are complex and require following specific procedures established by the Pakistani government.
Challenges and the Need for Reform
The current system presents challenges:
Lack of Legal Clarity: The absence of a comprehensive adoption law creates uncertainty and potential legal issues.
Informal Adoptions: Unregistered adoptions leave children vulnerable in case of future disputes.
Foreign Adoption: Foreign adoptions can be a lengthy and bureaucratic process.
There are ongoing discussions about enacting a formal adoption law in Pakistan. This could provide a clearer framework, improve child protection, and facilitate ethical adoption practices.
Conclusion
Adoption in Pakistan is a process navigated through existing legal provisions rather than a specific law. While it allows for providing a loving home to a child, the lack of a comprehensive framework presents challenges. Following established practices and seeking legal guidance are crucial for a secure and ethical adoption process. Continued discussions and potential legal reforms hold promise for a more robust adoption system in Pakistan.
References
[1] Guardians and Wards Act, 1890 (Pakistan)
[2] National Database and Registration Authority (NADRA) (Pakistan)