Demographic data suggests that out of the 2.2 billion children of the world (almost a third of the world’s population of ~7 billion), up to 210 million happen to be orphans. Coming largely from the Third World countries, these children lose their parents to war, invasions, natural disasters, conflict, chronic poverty and terminal illnesses and diseases.

If the needed care and guidance is not available, they become vulnerable to violence of all kinds and to injustices. They face risks, such as becoming a victim of human trafficking, adoption against their will, recruitment as child soldiers, child labourers, organ trade, prostitution and begging.

It is every child’s right to live in dignity and get education, food, healthcare, shelter and protection against physical and psychological abuse and violence. The United Nations Convention on the Rights of the Child (CRC) is the relevant document in this regard. Adoption is one of the oldest institutions run by philanthropists of a society as their moral and social responsibility.

In Pakistan, an adoption is processed through child protection bureaus, authorised adoption centres, orphan centres and in some cases, directly by parents. Generally, domestic adoption arrangements in Pakistan proceed with minimum formality. To obtain legal guardianship, an application must be submitted to the relevant district court for consideration of seeking guardianship order in respect of an orphan with the assessment order of an authorised government officer in the district who will assess eligibility and suitability of adoptive parents.

Upon approval, both have to enter into an irrevocable, bilateral, intra-familial agreement in writing in which the birth parents clearly waive any right to reclaim their child. The procedure of inter-country adoption is quite complicated and strict. The number of inter-country adoptions has been declining in Pakistan due to the weak legal and administrative framework.

Almost nine million Pakistanis are settled in the developed countries with a strong financial background. They have better living conditions but local laws of developed countries for inter-country adoption of a child are very strict and not compatible with our local legal system. Resultantly, overseas Pakistanis cannot adopt children from Pakistan.

As inter-country adoption has become global, inconsistencies in the legal principles and traditions regarding adoption in different countries are increasingly coming to the fore. There are no particular laws in Pakistan pertaining to inter-country adoption. However, Pakistan is a signatory to the UN Convention on the Rights of the Child that talks about adoption and guardianships but Pakistan in not a signatory to the Convention on Protection of Children and Co-Operation in Respect of Inter-country Adoption. Inter-country adoption still raises highly emotive issues because of its fundamental implications for the meaning of familial ties and foreign nationality and immigration of the child.

Pakistan has to produce new legislation on child adoption in compliance with the UN conventions and the follow-up advice, directives and guidelines issued by leading countries for adoptive parents for overseas adoption of children. It has been observed that the US, the EU, the UK, Australia, Germany, France and Canada have reviewed their child adoption laws for adopting parents, especially for those who are adopting children from Islamic states.

Pakistan is a signatory to the UN Convention on the Rights of the Child that talks about adoption but Pakistan in not a signatory to the Convention on Protection of Children and Co-Operation in Respect of Inter-country Adoption.

Islam does not recognise adoption in the legal sense. In all Islamic states, adoption as it is known in Western countries is illegal. Any process that purports to alter family genealogy, to change the authentic identity of an individual and potentially disadvantage legitimate children is generally frowned upon in Islamic tradition and culture.

The Islamic equivalent of adoption is kafala which literally means sponsorship. Kafala is permitted and can be considered as customary adoption or a system of alternative care to adoption. Muslims have been encouraged in the Holy Quran at various points to take care of orphans. Adopted children may enjoy the same rights as biological children of an individual do; however, adopted children do not legally inherit from their guardian/foster parents unless a specific share of the property is gifted to the adopted child.

Pakistan has to promote inter-country adoption for overseas on humanitarian grounds; in case a child is unable to be parented by and stay with their biological family.

Almost 85 percent of all adoptions involve citizens or residents of the same country; the same is the case with Pakistan. However, we can accommodate our overseas Pakistanis by signing and ratifying the UN Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption and set up a regulator or authority in all the provinces to monitor the inter-county child adoption process and similarly provide compatible information on trends in inter-country adoption to overseas Pakistanis.

The primary function of this authority would be to review our local administrative and legal procedures for inter-country adoption in the light of recently made changes in the laws and rules by developed countries for adoption of an inter-country child. The authority should forward a comprehensive report to the government of Pakistan for new legislation, rules, administrative and procedural notifications for the registration of orphan centres, and due diligence and monitoring of these centers. In the recent past, some of these centres were reported involved in irregularities, illegal child adoptions and child trafficking in the name of inter-country adoption.

On the legal side, illegal orders from family courts in guardianship and custody cases were obtained fraudulently by proxy parents through misrepresentation. These cases have damaged the credibility of Pakistan and inculcated doubts in the mind of foreign authorities. Therefore, inter-country adoption for overseas Pakistanis is impossible due to new laws and rules in the developed countries.

The Ministry of Overseas Pakistanis should work with the Ministry of Law to review inter-country adoption laws and rules issued by the developed countries. The outcome of this joint effort would be more successful if the leading countries are consulted officially about their concerns. The government of Pakistan can help overseas Pakistanis in this regard. We can gain confidence and trust of foreign countries if we ensure comprehensive legislation, implementation and enforcement.

There are countless children in the foster care system awaiting adoption. The adoption system faces legal, social and culture hurdles. It is time for the authorities to move in the right direction on this issue.

The writer is a former judge and advocate. He can be reached at judgemajid@hotmail.com