تاریخ: 20 جولائی، 5 ساون، 5 صَفَر

Adoption Deed Draft: A Comprehensive Guide to the Process in Pakistan

Adoption is a profound act of compassion, but in Pakistan, it is a journey paved with unique legal and cultural nuances. Unlike many Western systems, Pakistan’s legal framework for adoption is primarily governed by Islamic principles and the Guardians and Wards Act of 1890.

Because “legal adoption” in the sense of transferring parentage doesn’t exist under Sharia law (which emphasizes the preservation of biological lineage), the process is officially recognized as Legal Guardianship. To formalize this, a well-structured Adoption Deed Draft (or more accurately, a Guardianship Deed) is the foundational document.


1. Understanding the Legal Landscape

The Procedure for Adoption in Pakistan is not handled by a “Ministry of Adoption” but through the Family Courts. Since the law focuses on the welfare of the child, the court’s primary role is to appoint a “Guardian” rather than a “Parent” in the strictly biological sense.

Key Legal Pillars:

  • The Guardians and Wards Act, 1890: The primary legislation governing the custody and rights of minors.

  • Islamic Law (Kafala): The principle where a family takes a child into their care without changing the child’s original surname or denying them knowledge of their biological roots.

  • NADRA Regulations: Rules governing how a “Guardian” can obtain a B-Form or CNIC for the child.


2. Step-by-Step Procedure for Adoption in Pakistan

Adopting a child involves a mix of administrative and judicial steps. Here is the standard roadmap:

Step 1: Finding the Child

Most adoptions occur through reputable NGOs like the Edhi Foundation, Saylani Welfare, or Chip-pa. These organizations maintain a “waiting list” for aspiring parents.

Step 2: The Initial Agreement

Once a child is matched, an informal agreement is usually signed between the NGO and the prospective guardians. However, this is not legally binding in a court of law until formalized.

Step 3: Drafting the Adoption Deed

The Adoption Deed Format serves as a contract of commitment. It outlines that the guardians will treat the child as their own, provide for their education, health, and upbringing.

Step 4: Filing for Guardianship

The prospective parents must file a petition in the Family Court of their jurisdiction. The court will investigate the financial and moral standing of the applicants.

Step 5: The Court Decree

If satisfied, the judge issues a “Guardianship Certificate.” This certificate is the ultimate legal document that allows you to manage the child’s affairs.


3. Crucial Considerations for Guardians

The Surname Issue

Under the Procedure for Adoption in Pakistan, NADRA (National Database and Registration Authority) allows the Guardian’s name to be listed in the “Guardian” column. However, per Sharia-influenced civil law, the child should ideally retain their biological father’s name if known. If the parents are unknown (as is the case with many abandoned children), the head of the welfare organization is often listed as a “proxy” parent for documentation.

The Inheritance Factor

In Pakistan, an adopted child does not automatically inherit from the “adoptive” parents. To ensure the child is financially secure, many parents use the following tools:

  1. Hiba (Gift): Transferring property to the child during the parent’s lifetime.

  2. Will: Allocating up to 1/3rd of the estate to the child (the maximum limit allowed for non-heirs under Islamic law).


4. Requirements for Overseas Pakistanis

If you are an Overseas Pakistani looking to adopt, the Procedure for Adoption in Pakistan is slightly more complex. You must:

  • Obtain a “No Objection Certificate” (NOC) from the country where you reside.

  • Ensure the child can obtain a visa based on the Guardianship Certificate.

  • Note that many Western countries require a “Full Adoption” decree, which might require additional legal maneuvering since Pakistan only issues “Guardianship.”


5. Common Challenges and Solutions

ChallengeSolution
NADRA RegistrationUse the Court-issued Guardianship Certificate to apply for a B-Form.
Unknown ParentageNGOs like Edhi provide specific affidavits to help with the registration of foundlings.
Legal ValidityNever rely solely on an Adoption Deed Draft; always obtain a Court Decree.
School AdmissionsMost schools in Pakistan accept the Guardianship Certificate as a valid legal link.

6. The Importance of Professional Legal Drafting

A poorly drafted Adoption Deed Format can lead to significant hurdles at the time of passport issuance or property transfer. It is vital that the deed explicitly mentions the voluntary nature of the transfer and the absence of any “sale or purchase,” which is strictly prohibited and criminalized.

Summary Checklist:

  • Authenticated CNICs of all parties.

  • Two reliable witnesses.

  • Stamp paper of the required value (varies by province).

  • Certified copy of the NGO’s registration (if applicable).


7. The Adoption Deed Format (Sample Template)

Conclusion

Navigating the Procedure for Adoption in Pakistan is a labor of love that requires patience and legal diligence. While the Adoption Deed Draft is the starting point, the ultimate protection for both the child and the guardians lies in the Family Court’s decree. By following the correct Adoption Deed Format and respecting local laws, you can provide a child with a bright, secure future.

 

THIS DEED OF ADOPTION is made on this 3rd day of October in the year of 2024 at Lahore, Pakistan between (1) ______ daughter of _____- resident of ________ Housing Society, Lahore (hereinafter called the Adoptive Parent.

 

A N D 

_________ son of _____, resident of _______ Housing Society, Lahore & his wife _____ (hereinafter called the Natural Parents

WHEREAS a child named _____ born at Lahore, Pakistan on 21.11.2020 is in the custody of his Natural Parents (hereinafter referred to as the “Child”)

WHEREAS the Natural Parents are desirous of placing the Child for adoption and the adoptive parent are desirous of adopting child as they are capable and suitable for the adoption.

WHEREAS the said parties are Muslim and as such there is no law than prohibits adoption between the “ADAPTIVE PARENTS” and “Natural Parents”

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

  1. The Natural Parents hereby voluntarily and irrevocably surrender the Child for adoption to the Adoptive Parents, and relinquished all their parental rights and responsibilities over the child solely for the good of the child, and no money whatsoever is involved in this transaction.
  2. Upon the execution of this Deed, all parental rights and responsibilities over the Child shall transfer from the Natural Parents to the Adoptive Parents.
  3. The Adoptive Parents shall have the full rights of guardianship and custody over the Child, including the right to make all decisions concerning the Child's education, health, and general welfare.
  4. The Adoptive Parents agree to provide the Child with a loving, caring, and supportive environment, and to raise the Child as their own with all necessary care and attention.
  5. The parties agree to complete all necessary legal formalities required under the laws of Pakistan for the adoption of the Child, including but not limited to obtaining any required court orders or certifications.

NOW THEREFORE THIS DEED WITNESS that the said Natural Parents has actually gave the custody child to the Adoptive Parent and they have actually taken, in the presence of witnesses.

NOW THEREFORE the Adoptive Parents can take child to their home in Pakistan, Outside Pakistan where they reside, to give him the love of real parents.

NOW THEREFORE, this deed of adoption has been executed between the parties with their free will and consent and in presence of the under mentioned witnesses.

IN WITNESSES WHEREOF, the parties hereto have executed this Adoption Deed on this day___ 2024.

Adoptive Parents                                 Natural Parents

Name: ___________                                      Name: _____________

CNIC #                                                

CNIC #

 

W I T N E S S E S

  1. _______________
  2.  ______________
    

A C K N O W L E D G M E N T:

At Lahore, Province of the Punjab, Pakistan on this 3rd day of October 2024 before me the undersigned Notary Public personally, the parties and witnesses has executed and signed this deed. Witnesses my hand and official seal