Law of Adopted Children in Pakistan

The Islamic Republic of Pakistan is a country founded in the name of Islam. When its Constitution was written, it was made clear at the very outset, in bold letters, that in this God-given country no law shall be made or enforced that goes against the laws of Islam and the commands of Allah Almighty. The concept of an adopted child does not exist in Islam in relation to inheritance. Understand this: if someone has an adopted child, they can at most be that child's guardian — they cannot be the child's father, they cannot be the mother. Every human being born on this earth — their father is the one from whose sperm they were born, their mother is the one from whose body they were born. Allah Almighty has clearly forbidden the change of parentage, the change of lineage — Allah Almighty clearly forbade this in the Holy Qur'an. So the rightful heir is only the one who has a blood relationship with someone — the parents who have adopted a child can be that child's guardians, but they cannot be the parents. Therefore an adopted child, and an adopted child's inheritance, carries no right. If an aunt adopts a child, she remains the aunt — at most she becomes the guardian.

Now some people say that legislation should be made on this. Well, legislation cannot be made that goes against Islam in this Pakistan — if it happens in the future, that would be the worst Islamic era of this Pakistan; if it does happen, then this would no longer be this Constitution, some new Constitution would come, and under it whatever happens cannot be said now — but at present, no legislation can be made on this.

Now come the sub-issues. What are the sub-issues? Does the adopted child have no rights at all? If the adopted child has been adopted on record, then they do have rights — those who adopted them can, during their lifetime, transfer their own property to the child's name if they wish, can gift it to them if they wish — there is no bar on this.

Second, if a person has adopted a child, the child can claim maintenance — [saying] brother, this person adopted me, I am their responsibility — but for this too, the adoption must be on record; if it is not on record, you cannot do anything.

Now the second aspect: can any person adopt any child? Any person — and this includes non-Muslims here — let me clarify one thing clearly: any person, including a non-Muslim, no non-Muslim person can adopt a Muslim child, because if they adopt a Muslim child, they will bring them into their own religion, colour them in their own colour. Therefore it is forbidden — no Christian, Jew, Hindu, or Parsi can adopt a Muslim child.

In Pakistan, a baby girl can be adopted only by those within a prohibited degree [of relationship]; without a prohibited degree, they cannot adopt her. What is a prohibited degree? It means that the relationship the adopters have with the girl is such that they cannot marry that girl — meaning the father who adopted her can never marry that girl under any circumstances — we call this a prohibited degree. She could be his maternal aunt [prohibited degree], his paternal aunt [prohibited degree], his sister [prohibited degree], his maternal uncle [prohibited degree], his paternal uncle [prohibited degree] — a prohibited degree, a degree with whom this girl's marriage is forbidden in Islam. And if such a case comes to light — that this girl is with someone as an adopted child, someone outside a prohibited degree — the law will act on this, and she will be taken back from them.

Now the third sub-point: if people adopt a child and take them abroad with them, or bring a child adopted from there to Pakistan, then after reaching the age of eighteen, when their identity card is to be made, it is the child's own choice whether they want to adopt the nationality of their biological parents or the nationality of the parents who adopted them — it is up to them. If they are in America, it is their choice whether to take American nationality or Pakistani nationality — it is their choice.

Now one more point has come up — that point is the foster brother or sister. A foster brother or sister is also not entitled to inheritance. What is a foster brother or sister? A is someone's son; a woman B breastfed him. Now A becomes, in relation to inheritance matters, related to all of B's children in the sense that he cannot marry any of B's children, because he drank B's milk — that boy or girl cannot marry that child, but there is no prohibited degree with this child's other siblings. With A's other children [not the ones breastfed] there is no prohibited degree — only that particular child who drank B's milk is within the prohibited degree.

Now the question arises here — some people ask, if this girl or boy drank B's milk, are they then also entitled to inherit from B? The answer to this question is no — they are not entitled to inherit, even though they came within the prohibited-degree relationship, even though they became foster siblings, they will still not be included as an heir in the property of B or B's husband — they cannot be an heir. For students of law on this topic, I will give two judgments — read them and you will fully understand this law:
1. 2015 PLD page 336, Lahore High Court, Lahore
2. 2015 Gilgit-Baltistan GBLR 38, Supreme Appellate Court

Read these two judgments and you will understand the complete details of adoption and foster siblings.