Child Adoption

Child adoption is a process where a person assumes the guardianship of another, usually a child, from that person's biological or legal parent or parents.

Legal child adoptions permanently transfer the rights and responsibilities to guardian, along with filiation, from the biological parent or parents.

Children of all ages need permanent, stable, loving families. The Department of Human Services at ALAWYER24ensures that children placed for adoption within Pakistan or across Pakistan or international lines benefit from all legal protections. Further assistance may be available to a child and their adoptive family. ALAWYER24offers complete, comprehensive and individual adoption services to adoptive parents and the couple intended to abandon their child in a professional, caring and supportive manner.

We Don't Offer the Services on account of Arrangement of Abandoned Children and only assist you in seeking the Legal Guardianship.

Adoption creates a legal parent / child relationship for:

  • Children whose birth parents make an adoptive plan;
  • Children adopted from outside Pakistan;
  • Children adopted by stepparents; and
  • Children who come under guardianship of the country.

Child Adoption & Guardianship Process in Pakistan

When courts terminate parents' rights, children are placed in foster care and committed to the guardianship of the country. The department's goal is to find permanent homes, preferably through adoption, for all children under country guardianship. The country social service agency like Edhi Foundation caring for the child is responsible for identifying children's needs, finding an adoptive family and supporting the adoption placement.

The process of adopting a child under state guardianship is:

  • A court terminates parental rights and places a child under country guardianship;
  • Country agencies select a family who can best meet a child’s needs;
  • Private adoption agencies like Edhi Foundation assist and support the creation of a new family; and
  • The court finalizes the adoption under Guardians & Wards Act.

ALAWYER24provides assistance, legal advice, and representation for identified, interstate, and family adoptions. We assist adoptive parents in completion of all the legal formalities which include drafting of Adoption Deed, filing of Petition for Guardianship before the appropriate Court of law and Application for allowing the adoptive parents to take the child outside the jurisdiction of the Court.

Our Child Adoption Services Include:

  • Completing adoption plans for adoptive parents who have identified the family or Birth mother intended to abandon their / her child;
  • Providing adoptive parents with the birth parents' background and medical informationl;
  • Obtaining the birth mother's prenatal records and forwarding them for review by a medical professional of the adoptive parents choice;
  • Placement of the newborn child with adoptive parents upon discharge from the hospital;
  • Complying with Interstate Compact requirements (if adoptive parents reside outside Pakistan); and
  • Providing all legal services necessary to terminate the parental rights of the birth parents and finalization of the adoption by a Pakistani Court (Adoptive parents living outside of Pakistan are not usually required to return to Pakistan for the adoption finalization hearing).

Our Specialized Areas of Practice Include:

Identified Adoptions

We assist in completing adoption plans for adoptive parents who have identified their own birth mothers.

Intercountry Adoptions

If either the birth mother or the adoptive parent(s) reside outside Pakistan, we comply with all requirements of the Intercountry Compact for the Placement of Children. We have successfully completed a large number of intercountry adoptions.

Family Adoptions

We also specialize in adoptions that may involve a stepchild, relative or other family member (as defined by law).

Child adoption is a process where a person assumes the guardianship of another, usually a child, from that person's biological or legal parent or parents.

Legal child adoptions permanently transfer the rights and responsibilities to guardian, along with filiation, from the biological parent or parents.

Children of all ages need permanent, stable, loving families. The Department of Human Services at ALAWYER24ensures that children placed for adoption within Pakistan or across Pakistan or international lines benefit from all legal protections. Further assistance may be available to a child and their adoptive family. ALAWYER24offers complete, comprehensive and individual adoption services to adoptive parents and the couple intended to abandon their child in a professional, caring and supportive manner.

We Don't Offer the Services on account of Arrangement of Abandoned Children and only assist you in seeking the Legal Guardianship.

Adoption creates a legal parent / child relationship for:

  • Children whose birth parents make an adoptive plan;
  • Children adopted from outside Pakistan;
  • Children adopted by stepparents; and
  • Children who come under guardianship of the country.

Child Adoption & Guardianship Process in Pakistan

When courts terminate parents' rights, children are placed in foster care and committed to the guardianship of the country. The department's goal is to find permanent homes, preferably through adoption, for all children under country guardianship. The country social service agency like Edhi Foundation caring for the child is responsible for identifying children's needs, finding an adoptive family and supporting the adoption placement.

The process of adopting a child under state guardianship is:

  • A court terminates parental rights and places a child under country guardianship;
  • Country agencies select a family who can best meet a child’s needs;
  • Private adoption agencies like Edhi Foundation assist and support the creation of a new family; and
  • The court finalizes the adoption under Guardians & Wards Act.

ALAWYER24provides assistance, legal advice, and representation for identified, interstate, and family adoptions. We assist adoptive parents in completion of all the legal formalities which include drafting of Adoption Deed, filing of Petition for Guardianship before the appropriate Court of law and Application for allowing the adoptive parents to take the child outside the jurisdiction of the Court.

Our Child Adoption Services Include:

  • Completing adoption plans for adoptive parents who have identified the family or Birth mother intended to abandon their / her child;
  • Providing adoptive parents with the birth parents' background and medical informationl;
  • Obtaining the birth mother's prenatal records and forwarding them for review by a medical professional of the adoptive parents choice;
  • Placement of the newborn child with adoptive parents upon discharge from the hospital;
  • Complying with Interstate Compact requirements (if adoptive parents reside outside Pakistan); and
  • Providing all legal services necessary to terminate the parental rights of the birth parents and finalization of the adoption by a Pakistani Court (Adoptive parents living outside of Pakistan are not usually required to return to Pakistan for the adoption finalization hearing).

Our Specialized Areas of Practice Include:

Identified Adoptions

We assist in completing adoption plans for adoptive parents who have identified their own birth mothers.

Intercountry Adoptions

If either the birth mother or the adoptive parent(s) reside outside Pakistan, we comply with all requirements of the Intercountry Compact for the Placement of Children. We have successfully completed a large number of intercountry adoptions.

Family Adoptions

We also specialize in adoptions that may involve a stepchild, relative or other family member (as defined by law).

Child Abduction

Child abduction is referred as the taking away, keeping, withholding or concealing of any child with the intent to detain or conceal that child from the lawful custody or control of the parent, guardian or custodian of such child.

In other words, it can be defined as unlawfully and illegally removing the minor / child from the custody of his / her lawful guardian. Child abduction is an offence and severely punishable under the provisions of Pakistan Penal Code and Criminal Procedure Code.

Child Abduction can be of two kinds: 1. Parental child abduction; and 2. Abduction or kidnapping by strangers.

Child Abduction Types and Punishment:

Parental Child Abduction

Parental child abduction happens when the child is taken away or removed from the lawful custody of a parent/ parents by a family member (usually the other parent) who is not authorized the custody of that child by going against the family laws or principles settled by the Guardian Courts. Occurring around parental separation or divorce, such parental or familial child abduction may include parental alienation, a form of child abuse seeking to disconnect a child from targeted parent and denigrated side of family. This is, by far, the most common form of child abduction.

Parental child abduction happens when a parent unlawfully takes a child away from his place of residence, or keeps the child away beyond a stipulated time period. A parent may well have legal custody of a child but that does not mean the parent may take a child to another country without the consent of the other parent. Such kind of child abduction is known as international parental child abduction The adverse effects of parental child abduction on the child and other family members can be devastating and long lasting!

International Parental Abduction

International parental child abduction occurs when a child is wrongfully removed or wrongfully retained away from their home country.

The 2014 International Child Abduction Prevention and Return Act has been promulgated for the immediate and safe return of the child to his/her home country. The act ensures compliance with the 1980 Hague Convention on International Child Abduction and establishes procedures for the prompt return of children abducted to other countries.

The law recognises a child’s habitual residence as his or her legal residence but calls for legally resolving the issue. In most cases, children are removed from their places of residence without the consent of their mothers. In some cases, young girls are married against their will to prevent repatriation to the country of habitual residence.

Although Pakistan signed the Hague convention in October 2020, the 2021 US report noted that there were 17 pre-convention cases still open in Pakistan. In 2020, one pre-convention case was resolved through voluntary means, and two pre-convention cases were closed for other reasons. The 2022 report does not report any open cases in Pakistan.

Child Abduction by Stranger

When children are abducted or kidnapped by stranger unknown to the family members for various unlawful and illegal purposes, this is called child abduction by strangers. Such offences take place because the offender wants ransom from parents, for illegal adoption, human trafficking, child labour or slavery, sexual abuse of the minor or for killing the child.

Sec. 361 of Pakistan Penal Code

Kidnapping / abduction from lawful guardianship

This section defines the offence of kidnapping from lawful guardianship. It says that whosever either takes or entices away any minor who is under sixteen years of age if a male, and is under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of that lawful guardian, is said to kidnap such minor or person from lawful guardianship.

Age of Minor

Such minor must be under fourteen years of age, if a male or under sixteen years of age, if a female.

Object Of Sec. 361

Sec. 361 has two-fold objects:

  • To protect children of tender age from being abducted or seduced for improper purposes;
  • To protect the rights of parents and guardians having the lawful charge or custody of minors or insane persons.

Punishment

Under PPC abduction has been declared as a substantive offence liable to be punished under following sections:

Sec. 363 of PPC

Whoever kidnaps any (minor) person from Pakistan or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine.

365-A of PPC

Kidnaping or abduction with intent secretly and wrongfully confine person; 7 years.

367-A of PPC

Kidnapping or abduction in order to subject person to unnatural lust; death, 25 years.

How ALAWYER24 may help?

If the child has been snatched away and abducted by a parent, who commits a criminal offence by taking the child abroad, it can be frustrating for the other parent and family members and they suffer from anxiety. If this has happened to your child, it is crucial you act immediately. We understand your level of anxiety and can help you in the best possible way. ALAWYER24 have a team of expert lawyers who deal in international child abduction cases and work on urgent basis through proper legal channel to reunite you with your child.

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