Lahore:
Lahore High Court (LHC) has maintained a Family Court’s decision and declared that biological parents have the preferred right to a child’s custody and declare the oral adoption scheme unjustified.
The court further noted that the minor could not inherit from the adopter family and reinforce the legal and Islamic principles of guardianship and inheritance.
The case was about 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 his father’s motherly uncle and aunt, with the full consent of his biological parents and fatherly grandparents.
The agreement is related to 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.
After almost 20 months, however, the biological mother filed a petition on April 14, 2023, sought her son’s custody and argued that she had been forced into the adoption agreement.
She said her consent was conditional, based on an insurance from the adopter family that she would be authorized for unlimited access to her child.
She claimed that the adopter family violated this agreement and about 15 days before she filed the petition, she removed the minor while he was with her.
During the procedure, the adopter family presented a birth certificate that shows the child’s parents under their names rather than the biological parents.
The advice of the right family claimed that it is inviolable right for the real parents to seek custody of the minor who is her natural guardian. Accordingly, the real family asked that custody of the minor was awarded to the real parents, and his birth certificate was also changed by incorporating their names.
The adviser to the adoptive family claimed to court that his clients 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 clients have not left any stones that have not turned to ensure a peaceful and thriving life for the well -being of the minor and has never created any obstacle to the free parents’ free access to meet him when they wanted it.
In addition, they are willing to take on any additional events to facilitate the right parents’ access to the minor. Therefore, he asked the court that the best welfare of the minor is with them, giving them the right to retain his custody.
After framing questions and registration of the evidence, the Family Court found that the minor as an adoptive child cannot inherit from the adoptive family, which is considered foreign to him and falls within the forbidden degree.
