Introduction:
Adoption is a big step and a very emotional decision. Adoption is the best option for many parents who cannot have biological children of their own. Without a doubt, the legal aspects of adoption are the most important thing to know before deciding to adopt a child. The adoption process can be difficult and confusing, especially when you don’t know much about it. In this post, we’ll walk through how to go about getting ready for your adoption journey. We’ll also talk about what to expect during the process, and how to prepare for your adoption.
What Is Adoption?
Adoption is the process by which an individual or couple who are not the biological parents of a child legally adopt the child. Adoption may be arranged by the parents or by a third party, such as a social services agency.
The most common types of adoption are:
Voluntary adoption: This is when a couple who are not the biological parents of a child decide to adopt the child themselves.
Non-consensual adoption: This is when a couple asks another person to be their child’s parent.
Consensual adoption: This is when a couple agrees to adopt the child and be their child’s legal parents.
What is the adoption process in Pakistan?
There is no specific law regarding the adoption of a child in Pakistan, simply a verbal consent or an adoptions deed is sufficient. However, to facilitate the foreign nationals or who are residing outside of Pakistan, below practice is prevailing in Pakistan.
1. Adopting a Baby
The form has to be completed by a professional doctor.
A report should be written by the adoptive parents with the following information:
- Name of child;
- Date of Birth of Child;
- Place of Birth; and
- Name and Address of Terminating Parent;
- Statement about the adoption of a child should include the date when the baby was taken into care. When the baby is being adopted by foreigners living in Pakistan, they must give proof of how long they have lived in the country, the reason why they want to adopt a baby and whether or not they have any other children.
2. Procedure
- Suits for termination of parental rights are filed to terminate parental rights and responsibility for a child to the State.
- Notice
- get recorded consent of parents after submission of adoption deed
- A final argument & decree by the Court.
3. Filing for Guardianship (it is not necessary but favorable)
Adopting parents need to get legal custody of the child by applying for guardianship of the child in a civil/ family court in Pakistan under the provisions of the Guardians and Wards Act 1890. The procedure for such applications is laid out in Section 10 of the GWA.
4. Applying for B (Bay) or CRC Form
After obtaining a guardianship order from the court, adopting parents must get a Child Protection Certificate (CPC) from the office of the National Database and Registration Authority (NADRA). They must then apply for a National Identity Card (NIC) for the child.
It’s true that after a parent adopts a child, the child gets a birth certificate, however, it is not the only document that needs to be applied for. To ensure that the child is eligible to be considered for a national identity card, it is important for parents to go through a few steps.
What is the ruling on attributing an adopted son?
People have two views on foster children and adoption:
The first thought is to train and take care of the children but not to change their parents.
The second idea is that along with the training and care of the child, the child’s relationship with the family who raised him should be changed, thus making him a member of his family. Take it
This second concept was also valid in the beginning of Islam, there are no two opinions in it. That is why Zaid ibn Haritha was attributed to the Prophet (peace be upon him) and his name was attributed to Zaid ibn Muhammad and Salem to Abu Hudhaifah. If it had been attributed to him, his name would have been “Salem bin Abu Hudhaifah”. And if one does not know the father of the child, then he should be called from a relation other than parenthood, for example: to say: “So-and-so who is close to so-and-so” in obedience to him. According to the order, Zaid started attributing it to his father Haritha and Salem is called Salem Mawla Abu Hudhaifa ie the freed slave of Abu Hudhaifa.
Allah Almighty has instructed.
مَّا جَعَلَ ٱللَّهُ لِرَجُلٍۢ مِّن قَلْبَيْنِ فِى جَوْفِهِۦ ۚ وَمَا جَعَلَ أَزْوَٰجَكُمُ ٱلَّـٰٓـِٔى تُظَـٰهِرُونَ مِنْهُنَّ أُمَّهَـٰتِكُمْ ۚ وَمَا جَعَلَ أَدْعِيَآءَكُمْ أَبْنَآءَكُمْ ۚ ذَٰلِكُمْ قَوْلُكُم بِأَفْوَٰهِكُمْ ۖ وَٱللَّهُ يَقُولُ ٱلْحَقَّ وَهُوَ يَهْدِى ٱلسَّبِيلَ
ٱدْعُوهُمْ لِـَٔابَآئِهِمْ هُوَ أَقْسَطُ عِندَ ٱللَّهِ فَإِن لَّمْ تَعْلَمُوٓا۟ ءَابَآءَهُمْ فَإِخْوَٰنُكُمْ فِى ٱلدِّينِ وَمَوَٰلِيك وَلَيْسَ عَلَيْكُمْ جُنَاحٌۭ فِيمَآ أَخْطَأْتُم بِهِۦ وَلَـٰكِن مَّا تَعَمَّدَتْ قُلُوبُكُمْ ۚ وَكَانَ ٱللَّهُ غَفُورًۭا رَّحِيمًا
Translation of the Ayah in Urdu:
اللہ نے کسی آدمی کے لیے اس کے سینے میں دو دل نہیں بنائے اور نہ اس نے تمھاری ان بیویوں کو جن سے تم ظہار کرتے ہو، تمھاری مائیں بنایا ہے اور نہ تمھارے منہ بولے بیٹوں کو تمھارے بیٹے بنایا ہے، یہ تمھارا اپنے مونہوں سے کہنا ہے اور اللہ سچ کہتا ہے اور وہی (سیدھا) راستہ دکھاتا ہے۔
انھیں ان کے باپوں کی نسبت سے پکارو، یہ اللہ کے ہاں زیادہ انصاف کی بات ہے، پھر اگر تم ان کے باپ نہ جانو تو وہ دین میں تمھارے بھائی اور تمھارے دوست ہیں اور تم پر اس میں کوئی گناہ نہیں جس میں تم نے خطا کی اور لیکن جو تمھارے دلوں نے ارادے سے کیا اور اللہ ہمیشہ بے حد بخشنے والا، نہایت رحم والا ہے۔
Translation of the Ayah in English:
“Allah has not made for a man two hearts in his interior. And He has not made your wives whom you declare unlawful your mothers. And he has not made your adopted sons your [true] sons. That is [merely] your saying by your mouths, but Allah says the truth, and He guides to the [right] way.”
“Call them by [the names of] their fathers; it is more just in the sight of Allah. But if you do not know their fathers – then they are [still] your brothers in religion and those entrusted to you. And there is no blame upon you for that in which you have erred but [only for] what your hearts intended. And ever is Allah Forgiving and Merciful.”
The Benefits of Adoption a child:
Adopting a child is a great way of ensuring your child will have a happy, healthy life. You’ll be able to ensure they get the best education and healthcare, as well as give them a stable home life.
- It’s a great way to start a family: Adopting a child can help you start a family. You’ll be able to share the responsibility of raising a child, which can be a great way to learn how to be a parent.
- It gives you peace of mind: There’s nothing more rewarding than knowing your child is safe and happy. By adopting a child, you can ensure your child has everything they need, and that they’re cared for.
- You’ll feel better about yourself: There are many benefits to adopting a child, but one of the biggest ones is that it will make you feel good about yourself. You’ll be able to give your child the best life possible, which will make you feel great about yourself.
- You’ll be able to help others: Adopting a child is a great way of helping other people. You’ll be able to help other parents by providing them with the support they need.
- It’s a great way to teach children about adoption: You’ll be able to teach children about adoption by showing them how you adopted a child. It’s a great way to teach children about adoption, and how it’s done.
- Adopting a child can be a great way to make a difference in the world: By adopting a child, you can make a difference to the world around you. You’ll be able to help children who are in need of a family.
- Adopting a child is a great way of helping the environment: Adopting a child is a great way of helping the environment. You’ll be able to ensure that children are cared for, and that they get the best education possible.
- It’s a great way to help others: Adopting a child is a great way to help others. Many people are in need of a loving home, and there are many children who have no one to call their own. The adoption process can be long and stressful, so it’s a good idea to get your ducks in order before you adopt. The Adoption Resource Center is a nonprofit organization that helps prospective adoptive families find children for adoption.
Conclusion:
In the Quran, Allah says that He created man and all living things for a reason, and Prophet (PBUH) says that we are all brothers and sisters. Adoption is a great way to ensure that children are cared for, and that they have a stable home life. It’s a great way to start a family, and a great way to help others. If you are facing some issues about adopting you can contact with us.
