09/02/2025
Landmark Decision on Child Custody & Adoption
Another significant ruling from the Lahore High Court! In W.P. No. 9573/2024 (Erum Shahzadi & another v. Additional District Judge, Sialkot & others), the court upheld the paramount principle of child welfare, reaffirming that biological parents have a preferential right to custody unless proven otherwise.
The case involved a minor who was informally adopted at birth by relatives, only for the biological mother to later challenge the arrangement, claiming coercion. The Hon'ble Justice Abid Hussain Chattha, in a well-reasoned judgment, ruled in favor of the real parents, emphasizing:
✅ Adoption is recognized in Islamic jurisprudence but does not alter a child's biological parentage.
✅ The courts prioritize a child’s best interests, ensuring they are not deprived of their rightful family.
✅ There is an urgent need for legislative reform to regulate adoption in Pakistan, as highlighted by the court’s directive to the Punjab Government.
This judgment is a critical step towards protecting children’s rights and ensuring their legal identities remain intact.
