LAHORE:
The Superior Court of Lahore (LHC) has confirmed the ruling of a family court, declaring that biological parents have the preferential right to custody of a child, declaring the unjustified oral adoption agreement.
The Court also observed that the child could not inherit from the adopter family, reinforcing the legal and Islamic principles that govern protection and inheritance.
The case 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 his father’s uncle and maternal aunt, with the total consent of his biological parents and paternal grandparents.
The agreement depended on the condition that if the biological parents were blessed with another child, they would allow their adoption to the couple, who had three daughters but without sons.
However, after almost 20 months, the biological mother presented a petition on April 14, 2023, seeking the custody of her son, arguing that she had been coerced in the adoption agreement.
She declared that her consent was conditional, based on a guarantee of the adoptive family that her child would be allowed without restrictions.
She claimed that the adopter’s family violated this agreement and, around 15 days before she presented the petition, took the force while he was with her.
During the procedure, the adopted family presented a birth certificate that showed the child’s fatherhood under their names instead of biological parents.
The True Family Council argued that, as such, it is an inviolable right of true parents to seek custody that the child is their natural tutor. Consequently, the true family prayed so that the custody of the child was conferred on real parents and their birth certificate is also modified by incorporating their names.
The adopted family lawyer held before the court that his clients have the deepest love for the child, which, in turn, is deeply attached to them and recognizes them as their parents.
He argued that his clients have not left stone without moving to guarantee a peaceful and flourishing life for the well -being of the child and have never created any impediment to free access of real parents to know him when they wish.
In addition, they are willing to undertake any additional agreement to facilitate the access of real parents to the minor. Therefore, he implored the court that the best welfare of the child meets them, with the right to retain his custody.
After framing issues and registering evidence, the Family Court said that, as a adoptive child, the minor cannot inherit from the adoptive family, which is considered oblivious to him and is within the prohibitory degree.
