Child Custody Dispute: Biological Parents vs. Adoptive Guardians – Key Court Ruling.
تحویلِ اطفال: اصل والدین یا گود لینے والے؟ – ایک عدالتی نظیر
جوڑے نے اپنی کمسن بیٹی کو رضاکارانہ طور پر اپنی بہن اور بہنوئی (یعنی بچی کے ماموں اور ممانی) کے سپرد کر دیا
بچی کے حقیقی والدین نے بچی کی واپسی کے لیے عدالت سے رجوع کیا
عدالت نے معاملے کے تمام پہلوؤں کا بغور جائزہ لیا اور فیصلہ دیا کہ:
عدالت نے یہ بھی تسلیم کیا کہ گود لینے والے والدین نے بچی
نتیجہ:
Must read judgement
Mutual voluntarily handing over custody of minor to adoptive parents--- After six years real parents seek restoration of the custody---
That in the presence of biological real parents of the minor, the custody of the minor girl cannot be handed over to adopted parents as the welfare of the minor best lies with the real parents. Writ Petition of adoptive parents for custody of minor is dismissed.
Adopting a minor is a profound and selfless act that offers a child a new chance at love, security, and a stable home. Though adoptive parents provide emotional support, care, and guidance, often forming deep, lasting bonds with the child. However, it is essential to recognize that the love and affection shared between a child and their biological parents hold a unique and irreplaceable place in a child’s life. The affection between biological parents and their child often carries a sense of familiarity and instinctive connection, influenced by biological and evolutionary factors. These natural connections may form a foundation of trust and comfort that, for many, remains an essential part of their emotional makeup, even if their biological parents are not in their lives. While adoptive parents can provide a loving and supportive home, they may never fully replicate the biological ties and the shared experiences that come with being part of the same family tree. The memories, genetic traits, and inherited emotional bonds are aspects that cannot be recreated through adoption. Adoption is not about replacing the biological parents but rather about extending a circle of care and love to a child who may not have had the opportunity to experience it otherwise. A child’s connection to their biological parents remains a crucial part of their identity, even when they grow to form meaningful and fulfilling relationships with adoptive families. The petitioners are maternal uncle & aunt of the minor girl and in the presence of real parents of the minor, the custody of the minor girl cannot be handed over to the petitioners as the welfare of the minor best lies with her real parents.
WP 62973/24
Nazir Ahmad & 1 other Vs ADJ Kasur etc.
Mr. Justice Ch. Muhammad Iqbal
20-02-2025
2025 LHC 2015