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Browse our 1 legal question about Adoption in Pakistan and the lawyer answers, or ask your own questions for free.
Peshawar, like the rest of Pakistan, does not have a formal adoption law. However, there is a cultural and religious acceptance of what is referred to as "kafala", a system of guardianship, which does not equate to adoption in the Western sense but is a means to care for orphaned or abandoned children. It's essential to note that while kafala grants custody, it does not sever the child's ties to their biological family, nor does it grant the same legal rights as a biological child.
You may need a lawyer if you seek to become a guardian under the kafala system, wish to understand the legal implications of guardianship, or need help navigating the process with the institutions involved, such as the Family Court or welfare agencies. Additionally, a lawyer can offer assistance in handling legal documentation, advice on matters related to inheritance, and representation in any disputes that may arise during or after the guardianship process.
In the absence of adoption laws in Pakistan, the concept of guardianship is predominantly governed by the Guardians and Wards Act of 1890, and the majority of cases are dealt with in the Family Courts. It's pertinent to ensure that all guardianship arrangements comply with this Act, which focuses on the welfare of the child. The law requires a formal order from the Family Court to become a guardian, which also requires background checks and other formalities to ensure the child's welfare.
You cannot adopt a child in the Western legal sense, but you can become a child's guardian under the kafala system, which is legally recognized.
Adoption creates a new permanent parent-child relationship, often with inheritance rights. Guardianship or kafala, on the other hand, is a form of foster care that does not sever the child's ties to their biological family and does not grant full legal parent-child rights.
The Family Court is responsible for issuing orders for guardianship after ensuring all legal requirements are met and the arrangement is in the best interests of the child.
No, but the courts will prioritize the child's welfare, which may include considerations of the child's religious upbringing consistent with their original faith.
The duration can vary greatly depending on the complexity of the case, documentation, background checks, and the court's schedule.
Yes, a single person can apply; however, married couples are often given preference in the guardianship process.
Certain legal restrictions apply, such as age, mental capacity, and the ability to provide for the child's welfare.
This generally includes identification documents, background checks, marriage certificates if applicable, financial records, and other relevant information as requested by the Family Court.
Guardianship does not grant the child legal inheritance rights from the guardian's property under Pakistani law.
Yes, but additional legal and logistical hurdles may be encountered, and it is crucial to seek legal advice to navigate these successfully.
For those seeking legal advice in the area of guardianship, it is advisable to reach out to the Family Courts of Peshawar, local child welfare agencies, and reputable NGOs that specialize in child welfare. These bodies can provide guidance and necessary information on the process and any additional support needed.
If you need legal assistance in the process of guardianship in Peshawar, you should:
