[Whirled_Peas]

I just received an email from someone in the homeschooling group I belong to. A relative works with international adoptions and there are 4 infants and a 2 year old that need immediate homes.

Does anyone know about adopting from Pakistan?

Thanks

[karla-k]

Intercountry Adoption Pakistan

this is useful information

Karla

[rhondalayne]

Has anyone adopted from Pakistan, do you know how long it took? Was there any problems?
We are just starting and using and agency, just hoping for some guidance.
Thank you Rhonda & Louie

[sak9645]

Adoption from any Muslim country is difficult for Americans. Compared to other Muslim countries, such as Saudi Arabia, Pakistan is “liberal”. However, that just means it is "occasionally" possible, not totally impossible, for an American to adopt there.

First off, I am unaware of any Muslim country that allows non-Muslims to adopt Muslim children. Some Muslim countries don’t even recognize American Muslims as sufficiently adherent to Islam that they can provide a Muslim child with a proper upbringing. Pakistan DOES allow American Muslims, including converts to Islam with appropriate documentation and references, to adopt a Muslim child.

Christians can adopt only Pakistani children who are known to have been born to a Christian woman. There are very few Christian children available for adoption, and they are mainly in Christian orphanages. People who are neither Christian nor Muslim are unlikely to be able to adopt.

You should also be aware that Shaaria, Islamic law, has a very different concept of adoption from that found in the U.S. and other Western countries, and this can sometimes make it impossible or very difficult for even an American Muslim to adopt a Muslim child overseas. The concept more closely resembles Western concepts of foster care or guardianship.

Under Shaaria, the rights and responsibilities of the birthparents are not terminated by adoption. A child is expected to retain his birthparents’ surname and to be able to claim a share of their inheritance. The birth family is expected, if possible, to participate in decision-making about a child’s religious education and to be involved in other important areas of a child’s life. If it is determined to be in the child’s best interests, and he/she wishes to do so, a child may return to living with his/her birth family at any time. Muslims believe that these sorts of rules help to prevent the heartbreak that birthparents and children may otherwise feel, if adoption becomes necessary.

Under U.S. immigration law, an IR-3 visa can be given only if an adoption meeting Western standards occurs overseas. The rights and responsibilities of the birthparents must be terminated, and the adoptive family must commit to treating the child as if he/she was born to them, with regard to things like inheritance. An IR-4 visa can be given if a country grants guardianship to a family, on the condition that the prospective adoptive parents complete an adoption under the laws of their state of residence; this adoption would have to conform to Western standards.

In some Muslim countries, it is impossible for a Muslim child to qualify for either type of visa. The paperwork simply would not contain language acceptable under U.S. immigration law. Pakistan is “liberal”, meaning that occasionally it is possible for a Muslim family to obtain a decree of guardianship that satisfies the country’s religious authorities, yet contains language satisfying U.S. laws about the child being adopted in the U.S. This is a very delicate and sensitive issue, and it is very important to work with an agency or law firm familiar with the concerns on both sides.

I believe that the issue is not as complex for a Pakistani Christian child, who is not subject to Islamic law, though I’ve also heard that the Christian community tries to avoid “making waves” and offending the Pakistani Muslim authorities, by doing things that clearly contradict normal practices in the country.

In addition to these religious issues, you have the usual issues of American immigration law. As an example, any child granted an adoption visa must be an “eligible orphan”, as defined by the U.S. Immigration and Nationality Act.

In orphanages around the world, not just in Pakistan, many of the children do NOT qualify as eligible orphans, and in fact, may not even be adoptable. Families often place them in care without completing a legal relinquishment, possibly because they hope to return for them someday, or possibly because they’d rather leave them in orphanages than see them adopted by non-relatives.

Other children may be placed in an orphanage temporarily by people who know that the USCIS does not classify children as orphans if they live in a two-parent home, and hope that this tactic will allow the children to get an adoption visa to live with relatives in the U.S. Unfortunately, the USCIS is very aware of this tactic, and often expects to see evidence that the child was in care for a long time, with no family member visiting.

Still other children “might” qualify for immigration if they had proper paperwork, but simply do not. So if you hear about a child in an orphanage or with a family overseas, be aware that there’s a good chance that he/she will NOT qualify for an adoption visa. Don’t go through with an adoption without working with an expert who can assure you that the child is eligible for a visa. Otherwise, you could find yourself with legal, financial, and moral responsibilities for a child, but no way of bringing him/her to the U.S., unless you are willing to live overseas with him/her for two years.

Because of all of these issues, you simply aren’t going to find American adoption agencies with “Pakistan programs”. However, you may find that an American agency, especially one located in an area with a large Pakistani population, may be willing to help you adopt a child whom you have already identified – IF it is clear that he/she will be able to be adopted under Pakistani law and immigrated to the U.S. under U.S. law. You may also try to do an adoption independently, using a lawyer for the arrangements in Pakistan; however, be very careful, as the lawyer may or may not be an expert in American immigration law.

I hope this helps.

Sharon