Get Know About Child Adoption in Pakistan & Islam By Best Family Lawyer

Child Adoption in Pakistan and Islam:

 Nazia Law Associates in Lahore is the best law firm for child adoption in Pakistan. Adoption is not permitted under the shariah. No person can acknowledge a person who is not his actual or presumed legitimate child to be his child. An illegitimate child is attributed to the mother and who is under a duty to provide but still, you can have child adoption in Pakistan through due process of law. Where a child is proved or presumed, to be the legitimate child of a husband and wife who were married to each other through a valid contract, an irregular contract, a contract of shubhah, or whose marriage was presumed through acknowledgment by the man, the child will-

(a) Be entitled to inherit from both parents

(b) Be entitled to maintenance as prescribed

(c) Will be subject to the rules of custody and wilayah as applicable to the child

DETERMINING PATERNITY:

 The jurists acknowledged that determining the paternity of a child and child adoption in Pakistan was not a matter of ijtihad, therefore, they could only rely on the transmitted sources. The following rules were laid down based on the sources to determine the legitimacy of the child. The minimum period of gestation is six months. The maximum period of gestation is two years. This was presumed based on a tradition. The Shafi jurists consider the maximum gestation period to be four years. This was done to give protection to the child who could not be adopted under Islamic law. Such a rule will apply to the woman who has not claimed the termination of her "iddah based on periods, although bleeding may sometimes be visible during pregnancy as well.

The Shiah school is reported to consider the period of gestation for child adoption in Pakistan to be ten months. A child may be presumed to be legitimate by applying the rules for the minimum and maximum gestation periods laid down by the jurists, but due to case law developed in the Sub-continent, such a presumption may be treated as rebuttable where the husband wishes to deny the paternity of the child through lian or another situation provided that the gestation period exceeds 280 days or is less than six months to the actual or alleged marriage. It is suggested that in such cases, the paternity of the child may be determined based on DNA tests.

Acknowledge the Child & Child Adoption in Pakistan:

 A person may acknowledge a child to be his legitimate child. This may be done when he is also acknowledging that he was married to the mother through a valid marriage, an irregular marriage, or a marriage resulting in a semblance of the contract (shubhah) of marriage. All other cases of marriage will be treated as void and the resulting offspring illegitimate. No man can acknowledge an illegitimate child to be his own for child adoption in Pakistan, and the child will be attributed to the mother with the accompanying legal effects. Right to inherit and the waiting period If the waiting period ( iddah) is a result of a revocable (raju) divorce and one of the spouses dies during the waiting period, the other will inherit from the spouse who died. This rule applies whether the divorce was pronounced during illness or health. The rules of inheritance will apply as they would have before the divorce. If the divorce was an irrevocable divorce or a divorce pronounce thrice at once, during the health of the husband, and one of them dies during the waiting period, the other spouse cannot inherit from the one who died. If the divorce was an irrevocable divorce or a divorce pronounce thrice at once, but the husband was ill, the wife cannot inherit from husband upon his death during the waiting period, by consensus, if the divorce was pronounced with the consent of the wife.