LHC upholds family court ruling, declares oral adoption invalid and sides with biological parents
LAHORE:
The Lahore High Court (LHC) has upheld a family court’s ruling, declaring that biological parents have the preferential right to a child’s custody, declaring the oral adoption arrangement unjustified.
The court further observed that the minor could not inherit from the adopter family, reinforcing the legal and Islamic principles governing guardianship and inheritance.
The case revolved around Ameer Hamza, a minor born on July 7, 2021, as the third son in his family. On the day of his birth, he was given in adoption to his father’s maternal uncle and aunt, with the full consent of his biological parents and paternal grandparents.
The agreement hinged on a condition that if the biological parents were later blessed with another son, they would allow his adoption to the couple, who had three daughters but no sons.
However, after nearly 20 months, the biological mother filed a petition on April 14, 2023, seeking her son’s custody, arguing that she had been coerced into the adoption agreement.
She stated that her consent was conditional, based on an assurance from the adopter family that she would be allowed unrestricted access to her child.
She alleged that the adopter family violated this agreement and, around 15 days before she filed the petition, forcibly took the minor away while he was with her.
During the proceedings, the adopter family presented a birth certificate showing the child’s parentage under their names rather than the biological parents.
The counsel of the real family argued that as such, it is inviolable right of the real parents to seek custody of the minor being her natural guardian. Accordingly, the real family prayed that custody of the minor be conferred to the real parents and his birth certificate be also amended by incorporating their names.
The counsel for the adoptive family contended before the court that his clients have the deepest love for the minor, who, in turn, is profoundly attached to them and recognizes them as his parents.
He argued that his clients have left no stone unturned in ensuring a peaceful and flourishing life for the minor’s well-being and have never created any impediment to the real parents’ free access to meet him whenever they wished.
Furthermore, they are willing to undertake any additional arrangements to facilitate the real parents’ access to the minor. Hence, he implored the court that the minor’s best welfare lies with them, entitling them to retain his custody.
After framing issues and recording evidence, the family court held that, as an adopted child, the minor cannot inherit from the adoptive family, which is considered alien to him and falls within the prohibitory degree.
Article published in the Express Tribune on 12th February 2025
