The legal framework
Islamic law prohibits tabanni, adoption that attributes a child to someone other than their biological father. Pakistan therefore has no adoption statute. The Guardians and Wards Act 1890 allows a family court to appoint a guardian of the person and property of a minor, which gives custody and responsibility but not parentage. The child does not inherit automatically from the guardian, though a bequest of up to one third of the estate is permitted, as is a gift during the guardian's lifetime.
The Edhi Foundation's jhula cradles, placed outside its centres so that a newborn can be left safely and anonymously, are the origin of a large share of guardianship placements. The foundation then seeks a family through the guardian court, and its practice is generally regarded as the most transparent route.
Because the child keeps their own lineage, several practical issues follow that families underestimate: the child's identity documents, the rules on mahram and veiling within the household once the child reaches puberty, and the absence of any automatic inheritance right. Families that intend to provide for the child do so by gift or by a bequest within the permitted one third.
For Pakistani families settled in Britain, Canada or the Gulf, the pattern is familiar: a guardianship order is obtained in Pakistan, then the child's entry depends entirely on the immigration rules of the destination, which usually require an adoption in that country or a de facto adoption established over time.
Same-sex couples: same-sex relations are criminalised; no recognition and no joint adoption.
Key points
| Law | Guardians and Wards Act 1890; Islamic law of lineage |
|---|---|
| Form | Guardianship, not adoption; no change of parentage |
| Court | Family court or guardian court of the district |
| Name | The child retains their own name and lineage |
| Inheritance | No automatic share; bequest limited to one third, gift permitted |
| Hague Convention | Not a party to the 1993 Convention |
In practice
- Identify the child through a registered welfare organisation such as the Edhi Foundation or a government-run centre.
- File a guardianship petition before the family court of the district where the child resides.
- Provide financial and character evidence, and allow the court's inquiry.
- Obtain the guardianship certificate, which authorises custody and, if sought, permission to take the child abroad.
- For overseas guardians, apply separately in the country of residence: most will not treat the certificate as an adoption.
Cost and coverage
Court fees and lawyer's charges are modest by international standards, typically a few tens of thousands of rupees. The real cost for overseas applicants lies in the length of the process and in the second procedure required abroad.
Recent changes
Provincial child protection legislation has strengthened the regulation of institutions caring for abandoned children, and the courts have become more demanding about the child's welfare and about permission to remove a child from Pakistan.
Where to go
- Family court or guardian court of the district
- Edhi Foundation and other registered child welfare organisations
- Provincial child protection and welfare bureaux
- NADRA, for registration of the child's identity documents
- Consulates of the country of residence, for visa and recognition questions
Worth knowing
A guardianship certificate is not an adoption order: most European and North American authorities will not treat it as creating parentage, and a separate adoption in the country of residence is usually required.
Frequently asked questions
Is adoption legal in Pakistan?
Not in the sense of creating filiation. Courts appoint guardians under the Guardians and Wards Act 1890; the child keeps their own name and lineage.
Can a guardian take the child abroad?
Only with the court's express permission, and the destination country will apply its own rules on entry and on whether the guardianship is recognised.
Does the child inherit from the guardian?
Not automatically. The guardian may leave up to one third of the estate by will, or make a gift during their lifetime.
Where do children available for guardianship come from?
Mostly from registered welfare organisations, notably the Edhi Foundation's cradle scheme, and from government-run centres.
Official sources and links
- Government of Pakistan — official government portal