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Browse our 1 legal question about Adoption in Pakistan and the lawyer answers, or ask your own questions for free.
In Clifton, Pakistan, like the rest of the country, the concept of adoption is not recognized in the legal framework as it is in many Western countries. Instead, what is allowed and practiced legally is known as 'kafala,' an Islamic legal concept that is akin to fostering. Kafala allows a person to take care of a child, providing for their upbringing, education, and welfare, without change of family name and inheritance rights. The child remains the legal heir of the biological parents, not the adoptive parents.
Despite the absence of formal adoption laws, legal complexities abound for individuals seeking to undertake the responsibility of a child through kafala. Common situations that necessitate legal assistance include navigating the guardianship approval process, dealing with documentation for the child’s upbringing and care, addressing issues related to citizenship and travel, and ensuring all actions are in legal compliance, especially if the child or the guardians are of foreign nationality.
The local laws in Pakistan, including Clifton, are underpinned by Islamic law and Pakistani family law. When looking to take a child under guardianship, one must file a petition in the Family Court under the Guardians and Wards Act, 1890. Furthermore, the Constitution of Pakistan provides certain rights to children, including education and property rights, but does not specifically address the Western concept of adoption. As each case has its unique circumstances, local courts often have discretion in the matters of guardianship and kafala.
No, the concept of legal adoption as known in many Western countries does not exist in Pakistan's legal system. Instead, 'kafala' is practiced.
No, under kafala, the child retains their biological family's surname and the inheritance rights are not altered.
Yes, there are orphanages and child welfare agencies in Clifton that guide prospective guardians through the kafala process.
International residents can become guardians under kafala, but the process is complex and subject to rigorous scrutiny. Legal advice is highly recommended.
A child under kafala has rights to care, education, and welfare but does not inherit from the foster parents by law.
The duration varies widely depending on individual circumstances and the efficiency of the court handling the case.
While there are no explicit restrictions, the court may consider the child's welfare, which can include religious upbringing consistent with the child's birth religion.
Prospective guardians need to provide a range of documents, often including identification, proof of income, marital status, and a non-criminal record, among others.
It's possible but requires additional legal documentation and permissions from the relevant authorities.
The situation is evaluated on a case-by-case basis, and the court's primary consideration is the child’s best interest.
Prospective guardians can seek assistance from child welfare agencies, the Child Protection & Welfare Bureau, or consult with local attorneys specializing in family law. It is also helpful to get in touch with NGOs and community organizations that deal with children's rights and welfare.
If you seek legal assistance with the kafala process, it is recommended to start by consulting a reputable lawyer with expertise in family law. They will guide you through the legal requirements, prepare necessary documentation, and represent you in family court for guardianship rights.
