Adoption from Pakistan

Adoption from most Islamic countries is extremely difficult, if not impossible. Pakistan is in the "extremely difficult" column; it is possible to adopt from Pakistan, but it won't be easy.First off, most Islamic countries insist that only Muslims can adopt Muslim children. That's understandable. If a person believes strongly in a religion, he/she will want his/her children raised in that religion, if at all possible. If you are not Muslim, and a country has very few non-Muslim children, you will not be able to adopt there. And in some countries, even if you ARE Muslim, you will be turned down because the authorities do not consider the U.S. or other Western countries good places to raise a religiously observant Muslim child. There are too many temptations, and the Western Muslim clerics are not strict enough, they say. Saudi Arabia is one country from which Americans cannot adopt, even if they are Muslim, for these reasons.Also, if a country's legal system is based on Shaaria, or Islamic law, its concept of adoption differs completely from that with which you are familiar. Under Islamic law, adoption does NOT terminate the rights and responsibilities of the birthparents, and the adoptive parents do not acquire the same rights and responsibilities as if the child was born to them. The child keeps his/her surname, inheritance rights, and so on. Where feasible, the adoptive family is supposed to consult with the birthparents on important matters, such as the child's religious education. And if the birthparents' situation changes, and it's determined to be in the best interests of the child, he/she may return to the birthparents. In short, Islamic adoption is more like guardianship or foster care.Muslims feel strongly that this type of adoption is more humane than the Western type. Children don't have to search for their birthparents. Birthparents don't have to grieve their losses. And so on.For Americans, however, this definition of adoption often makes it almost impossible to adopt. U.S. adoption and immigration laws are based on the Western concept of adoption, not Shaaria's concept.As an example, the USCIS will not issue an adoption visa to a child unless either:a) The birthparents' rights are terminated and a final decree of adoption has been issued by the foreign government to the prospective parents; orb) The birthparents' rights are terminated and the foreign government has given the prospective parents a decree of guardianship, allowing them to obtain a full and final adoption of the child in the U.S. The American adoption agency is often charged with making sure that the adoption actually occurs.That requirement can be a deal killer in many Islamic countries, even when American Muslims are trying to adopt a relative's child. If Shaaria's concept of adoption is part of the code of law, the country cannot issue a final decree of adoption in the Western sense. And the authorities may word a decree of guardianship in a way that makes it clear that a Western style adoption will occur once the child is in the U.S.Now, there are certain Muslim countries -- and Pakistan is one -- that are considered relatively liberal. While they won't allow adoptions of Muslim children by non-Muslims, they will allow adoptions of children who are known to be non-Muslim by non-Muslims. They will also allow adoptions of Muslim children by American Muslims. And they have worked with the USCIS to come up with a decree of guardianship, in some cases, that will satisfy both the Pakistani authorities and the American government and allow a Muslim or non-Muslim child to immigrate.Your best bet is to find a U.S. agency that has successfully arranged adoptions from Pakistan and navigated USCIS hurdles. That agency can advise you of specific Pakistani requirements. There is a good overview of the process of adopting from Pakistan, a non-Hague country, at PAKISTAN | Intercountry Adoption.Sharon