As per Lawkidunya, In Pakistan, child custody laws for adopted children are governed by the Guardians and Wards Act 1890, the Adoption Act 2011 (for Punjab Province), and Islamic law (Shariah). Here’s an overview:
Key Considerations
1. Islamic Law: In Pakistan, Islamic law plays a significant role in determining child custody. According to Islamic principles, adopted children are considered part of the adoptive family.
2. Guardians and Wards Act 1890: This law governs child custody disputes and emphasizes the welfare of the child.
3. Adoption Act 2011 (Punjab Province): This law regulates adoption in Punjab Province and provides guidelines for child custody.
Child Custody Laws For Adopted Children
1. Adoptive Parents’ Rights: Adoptive parents have the same rights and responsibilities as biological parents, including child custody.
2. Joint Custody: In cases of divorce or separation, adoptive parents may be granted joint custody of the adopted child.
3. Welfare of the Child: The courts prioritize the welfare of the adopted child when determining custody.
4. Islamic Principles: In cases where Islamic law applies, the courts may consider Islamic principles, such as the child’s upbringing and education.
Challenges and Considerations
1. Social Stigma: Adopted children and their families may face social stigma in Pakistan.
2. Lack of Awareness: There may be a lack of awareness about adoption laws and procedures in Pakistan.
3. Complexity of Laws: The intersection of Islamic law, the Guardians and Wards Act 1890, and provincial adoption laws can create complexity in child custody cases.
Recommendations
1. Seek Legal Advice: Adoptive parents should consult with a qualified attorney specializing in family law in Pakistan to understand their rights and options.
2. Understand Islamic Principles: Adoptive parents should be aware of Islamic principles and how they may apply to child custody cases.
3. Prioritize the Child’s Welfare: Ultimately, the child’s welfare should be the top priority in any custody dispute.