Lahore:
The High Court of Lahore (LHC) confirmed the decision of a family court, declaring that biological parents have the preferential right to the child’s care, declaring the unjustified oral adoption system.
The court also observed that the minor could not inherit the adopter’s family, strengthening the legal and Islamic principles governing supervisory and inheritance.
The affair revolved around Ameer Hamza, a minor born on July 7, 2021, as the third son of his family. On the day of his birth, he was given by adoption to the uncle and the maternal aunt of his father, with all the consent of his biological parents and his paternal grandparents.
The agreement was based on a condition that if the biological parents were later blessed with another son, they would authorize their adoption to the couple, who had three daughters but no son.
However, after almost 20 months, the biological mother filed a petition on April 14, 2023, requesting custody of her son, arguing that she had been forced to the adoption agreement.
She said her consent was conditional, based on insurance of the adopter’s family that she would have granted unrestricted access to her child.
She alleged that the adopter’s family had violated this agreement and, about 15 days before depositing the petition, forcibly withdrew the minor when he was with her.
During the procedure, the adopter’s family presented a birth certificate showing the child’s parentage under their name rather than biological parents.
The lawyer for the real family argued that as such, the right of the real parents is inviolable to ask for the custody of the minor being his natural goalkeeper. Consequently, the real family prayed that the minor’s care was conferred on the real parents and its birth certificate is also modified by incorporating their names.
The lawyer for the adoptive family argued in court that his customers have the deepest love for the minor, who, in turn, is deeply attached to them and recognizes them as his parents.
He argued that his customers have left no stone not returned to ensure a peaceful and flourishing life for the well-being of the minor and has never created obstacles to the free access of the real parents to meet him whenever they wanted.
In addition, they are ready to undertake additional arrangements to facilitate the access of real parents to the minor. Consequently, he implored the court that the best well-being of the minor is at them, giving them to keep his guard.
After having supervised the problems and recorded evidence, the family court judged that as a child adopted, the minor cannot inherit the adoptive family, which is considered to him foreign and falls under the degree of prohibitory.
