The Complete Process of Adopting a Child in Pakistan

Adopting a child in Pakistan is a significant decision that involves following specific legal procedures to ensure that the child’s welfare and rights are protected. Furthermore the process can be intricate, but it is designed to safeguard both the child and the adopting parents. Below is a more detailed explanation of the entire adoption process in Pakistan:

1. Eligibility Criteria

Legal Requirements for Adoptive Parents:

In Pakistan, prospective adoptive parents must meet certain eligibility criteria before they can adopt a child. These include:

• Age: The adopting parents must be at least 25 years old, with a preference for being at least 30 years old. Additionally, the age difference between the adoptive parents and the child should generally be no more than 40 years.
• Marital Status: Married couples are usually preferred for adoption, but single individuals can adopt as well, particularly in cases of close family relationships (such as the adoption of a niece or nephew).
• Financial Stability: Adoptive parents should be financially stable and capable of providing a secure and healthy environment for the child.
• Health: The physical and mental health of the adoptive parents will also be assessed, ensuring they can provide long-term care and attention to the child.

2. Initial Consultation and Documentation:

The adoption process begins with a consultation with a family law lawyer, adoption agency, or the social welfare department. This is an essential step to understand the adoption process, your legal rights, and responsibilities.

Documentation Required:

• Proof of identity and residence (National Identity Card, passport, etc.)
• Marriage certificate (if applicable)
• Financial documents to prove stability
• Medical certificates proving the physical and mental health of the adopting parents
• Character certificates and background checks
• References or recommendation letters from trusted sources or individuals

3. Filing the Adoption Petition:

After the initial consultation, the next step is to file a petition for adoption in the Family Court. The petition should include:

• Information about the adoptive parents (name, age, marital status, financial condition, etc.)
• Details of the child to be adopted (if the child is already identified)
• Reason for the adoption
• Any previous arrangements made, such as consent from the birth parents or legal guardians of the child.

This petition is filed in the relevant district family court, which will begin the legal proceedings. The court assesses the adoptive parents’ suitability and ensures that the adoption is in the best interest of the child.

4. Home Study and Social Welfare Investigation

Home Study:

A home study is a thorough investigation conducted by the social welfare department or authorized agencies. During this study, social workers visit the adoptive family’s home to assess the environment and living conditions. They also interview the adopting parents and their family members to evaluate their readiness for adoption.

Factors Assessed:

The emotional maturity and stability of the adoptive parents.

• The adequacy of the living space for a child (bedrooms, safety, hygiene, etc.).
• Psychological stability and capacity to provide a nurturing environment.
• Support systems, such as extended family and friends, to assist in the upbringing of the child.
• The home study aims to ensure that the adoptive parents are capable of providing long-term care and a healthy environment for the child.

5. Court Hearing and Evaluation:

Scheduling a Hearing:

After the home study, the family court will schedule a hearing. During the hearing, the court will evaluate all the documents, the findings from the home study, and any other relevant information. The primary concern of the court is the best interests of the child.

Consent of Birth Parents or Legal Guardians:

If the child’s biological parents or legal guardians are known, their consent for the adoption will be obtained. In cases where the child is an orphan, the court may look into the guardianship arrangements.

Witness Testimony:

In some cases, testimony may be heard from witnesses who can vouch for the adoptive parents’ character or suitability.

Court’s Role:

The judge will review all factors to ensure that the adoption is being done in the best interests of the child and that the adoptive parents meet the legal criteria.

6. Issuance of Adoption Order:

If the court is satisfied with the petition, evidence, and all other factors, it will issue an adoption order. This order legally recognizes the child as part of the adoptive family, granting the child the same rights as a biological child, including inheritance rights.

Child’s Birth Certificate:

The child’s birth certificate will be amended to reflect the adoptive parents as the legal parents. This ensures that the child’s legal identity matches their new family.

7. Post-Adoption Follow-up:

After the adoption order, post-adoption follow-up services are provided to ensure that the child is settling well into the new family. The social welfare department may conduct periodic checks to ensure the child’s well-being.

Counseling Services:

Adoptive families may also be offered counseling services to help the child adjust to their new environment and to assist the family in managing any challenges during the adjustment phase.

Integration Support:

Guidance is provided on how to integrate the child into the family, particularly for older children who may have more complex emotional needs.

8. Finalization of the Adoption:

After all legal procedures are completed, the adoption is considered final. The child now legally belongs to the adoptive family, and they are entitled to all legal rights, including inheritance and familial rights.

The adoptive parents are responsible for the child’s upbringing, education, health, and general welfare.

Types of Adoption in Pakistan:

(1) Domestic Adoption:

In this type of adoption, a Pakistani citizen adopts a child who is also a Pakistani citizen. The process typically involves the local court system and social welfare departments.

(2) Inter country Adoption:

For Pakistani families interested in adopting from another country, or vice versa, intercountry adoption procedures apply. This involves international regulations and compliance with conventions like the Hague Convention on Inter country Adoption.

(3) Relative Adoption:

In cases where the adoptive parents are relatives of the child (e.g., aunts, uncles, or cousins), the adoption process may be more straightforward, but it still requires court approval.