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Pakistan and the Hague Convention
Source: Wikipedia.org.
Pakistan is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 Code of Federal Regulations, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act, Section 101(b)(1)(F).
Adopting a child in Pakistan can be a long, difficult, and legally-complex process. The Guardians and Wards Act of 1890 governs the rights and interests of minors in Pakistan. Pakistani law and Islamic Shari’a law, upon which Pakistan family law is largely based, does not allow for adoptions of Pakistani children in Pakistan. According to Pakistan's laws, prospective adoptive parents who are non-Muslim may not be appointed guardians of Muslim children, and non-Christians may not be appointed guardians of Christian children. Children abandoned at an Islamic orphanage are deemed Muslim unless there is any evidence to prove otherwise.
U. S. citizens considering adoption of a non-Muslim Pakistani child must obtain guardianship for emigration and adoption in the United States from the Family Court that has jurisdiction over the prospective adoptive child’s place of residence. In order for the child to be eligible to receive an immigrant visa, the guardianship order must imply permission for the child to emigrate and be adopted in another country. Prospective adoptive parents should refer to our information sheet on Adoption of Children from Countries in which Islamic Shari'a Law is observed for more information.
Prospective adoptive parents should exercise caution and are advised to fully research any adoption agency or facilitator they plan to use. Prospective adoptive parents may be targets for unscrupulous lawyers or adoption agencies that may not be able to deliver on their promises. Prospective adoptive parents are strongly encouraged to contact the U.S. Embassy Islamabad’s consular section by email at AdoptionsPakistan@state.gov, or the U.S. Citizenship and Immigration Services’ (USCIS) National Benefits Center at NBC.Adoptions@dhs.gov, before applying for guardianship of a child to ensure that proper procedures have been followed.
U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS
To bring a child you have obtained guardianship of to the United States from Pakistan, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who can adopt under U.S. immigration law.
Additionally, a child must meet the definition of orphan under U.S. immigration law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.
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