How Do Guardianship Laws in Pakistan Interact with Child Adoption Practices?

Hamza and Hamza
51 minutes ago
3 min read

Adoption is a deeply sensitive subject in Pakistan, touching upon social values, religious principles, and legal structures. Many families wish to adopt children—often motivated by compassion, infertility, or the desire to provide a stable home to orphans. However, unlike some countries where formal adoption creates the same legal status as biological parenthood, Pakistan does not recognize adoption in the same way. Instead, Guardianship Laws In Pakistan, governed by the Guardians and Wards Act of 1890, play a central role in regulating adoption-like arrangements. This creates an important question: how do guardianship laws in Pakistan interact with child adoption practices?

Adoption and Guardianship: A Legal Distinction

In Pakistan, adoption as understood in Western countries—where an adopted child becomes a legal heir and assumes the same rights as biological children—is not permitted under Islamic law. Instead, families can seek legal guardianship of a child. This arrangement allows them to care for the child, raise them as their own, and make decisions regarding their upbringing. However, the child’s biological lineage and inheritance rights remain intact.

Thus, guardianship provides a functional equivalent to adoption in terms of caregiving but does not sever ties with the biological family or alter inheritance laws.

Guardianship under the Guardians and Wards Act

When families wish to take a child into their care, they must apply to the court under the Guardians and Wards Act of 1890. The court evaluates whether the arrangement serves the welfare of the minor, considering:

The financial ability of the guardians.
Their moral character and family environment.
Their willingness to care for the child as if they were their own.

Once appointed, guardians gain authority to make decisions about the child’s education, healthcare, and upbringing, while the court maintains supervisory powers.

Inheritance Rights and Legal Limitations

A key distinction between adoption and guardianship in Pakistan lies in inheritance. Under Islamic law, adopted children do not automatically inherit from their adoptive parents. Instead, they retain inheritance rights from their biological family. Adoptive parents can, however, allocate property to them through gifts during their lifetime or via a will (up to one-third of their estate).

This limitation often creates confusion among families who expect adoption to mirror biological parenthood. Guardianship Laws In Pakistan thus serve as a legal mechanism to formalize caregiving without altering inheritance structures.

Protecting the Welfare of Adopted Children

Courts in Pakistan have increasingly emphasized that guardianship must prioritize the child’s welfare, not just the desires of the adopting parents. For example, if relatives of the child object to guardianship, the court assesses whether their involvement would better serve the child’s well-being. Similarly, welfare institutions like orphanages sometimes petition for guardianship to protect abandoned children.

This approach ensures that adoption-like practices remain centered on the best interests of the child, rather than merely serving the wishes of adults.

Challenges in Practice

Despite the legal framework, several challenges remain:

Public Misunderstanding: Many people still believe they are adopting a child in the Western sense, without realizing that Pakistani law only grants guardianship.
Inheritance Disputes: Adopted children may face difficulties securing financial stability if guardians fail to provide for them through gifts or wills.
Bureaucratic Delays: Court procedures for guardianship can be slow, leaving children in uncertain situations for long periods.
Stigma and Secrecy: Social stigma around adoption sometimes leads families to hide the child’s true lineage, creating identity issues later.

The Way Forward

To strengthen adoption-like practices in Pakistan, reforms could include:

Streamlining guardianship procedures for families wishing to adopt.
Educating the public about the legal and religious distinctions between adoption and guardianship.
Encouraging financial planning by guardians to ensure long-term security for adopted children.
Expanding institutional roles for orphanages and welfare bodies to facilitate safe placements.

Conclusion

While Pakistan does not legally recognize adoption in the Western sense, guardianship laws provide a functional alternative, enabling families to raise and nurture children while respecting Islamic inheritance principles. These laws safeguard children’s welfare, ensuring they grow up in stable and loving environments. However, families must be aware of the legal distinctions to avoid confusion or disputes. For guidance in navigating adoption-like guardianship arrangements, Hamza & Hamza Law Associates provide expert legal support, ensuring that both the child’s welfare and the guardians’ responsibilities are protected under Pakistani law.