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Adoption in Faisalabad, as in the rest of Pakistan, is a process that enables individuals or families to legally take on the parenting of a child from its biological or legal parent(s). In Islamic tradition, the concept is closer to guardianship and is called "Kafala". Islamic law does not allow the complete transfer of parental rights and responsibilities, and adopted children do not completely sever ties with their biological families. Instead, the adoptive family is expected to raise the child, provide for their needs, and give them a status within the family structure while maintaining the child’s lineage. Pakistani law reflects these principles and therefore does not traditionally allow for the same type of adoption processes seen in other countries.
Legal advice is often sought in adoption cases for a variety of reasons. This includes navigating the intricacies of Pakistani family law, ensuring the legality of the adoption process, dealing with the rights of biological parent(s), handling the paperwork associated with the process, addressing any potential issues with the child’s status or inheritance rights, and international adoption procedures. Adopting a child can be a complex legal process, and a lawyer can provide significant guidance and assistance.
In Faisalabad, as well as the rest of Pakistan, the primary law governing adoption is the Guardians and Wards Act of 1890. This law stresses the welfare of the child as the most important factor when awarding guardianship. The Family Courts Act of 1964 may also come into play as it includes provisions on the custody and guardianship of children. Furthermore, Pakistan’s constitution and various ratifications of international treaties on child welfare and rights influence adoption practices and child protection in the country. For Muslims, Islamic Sharia law will also provide guidelines on Kafala, maintaining the child's lineage (Nasab), and inheritance matters.
Kafala is the Islamic concept of child guardianship and is not the equivalent of western-style adoption. Under Kafala, the child maintains their biological family name and inheritance rights, and the kafil (guardian) does not have the same legal status as a biological parent.
Under Pakistani law, which is influenced by Islamic principles, an adopted child generally retains their biological family name, and the guardians do not replace the child’s family lineage with their own.
You need to apply for guardianship under the Guardians and Wards Act. The court will then make a decision based on the child's welfare. A lawyer can provide guidance through this process.
Yes, but it is a complex legal area that requires adherence to both Pakistani laws and the legal requirements of the adoptive parents’ home country.
The duration varies significantly based on individual circumstances, but it typically takes several months to a year or more to complete all legal procedures.
Costs include legal fees, court costs, and any fees charged by orphanages or agencies. These will vary depending on the circumstances.
Single individuals can become guardians, but priority is often given to married couples, particularly in the case of opposite-sex child adoption.
Non-Muslims can apply for guardianship, but the court will consider the child’s religious upbringing as a factor in their decision.
While specific age requirements aren’t clearly outlined in law, the potential adoptive parent(s) must be of legal adult age and usually at least 21 years old.
An adopted child cannot automatically inherit from their adoptive parents under Islamic law. However, the parents may will a portion (up to one-third) of their estate to the adopted child.
Additional resources include the Child Protection and Welfare Bureau of Punjab, which provides support for orphaned and vulnerable children, and the Family Laws courts in Faisalabad. NGOs and private adoption agencies operating within the framework of Pakistani law can also assist in legal matters and offer support services during the adoption process.
If you are considering adopting a child in Faisalabad and require legal assistance, the next steps would be to consult with a family lawyer who is versed in local Pakistani law as well as Islamic family law, if applicable. They will guide you through the necessary procedures and help ensure that all legal requirements for adopting a child are met. It's also advisable to reach out to the Child Protection and Welfare Bureau or an approved adoption agency for further information and support.
