Canadian Court To Rule On Ban On Adoptions From Pakistan

In Canada, a controversial ban on adoptions from Pakistan and other Muslim-majority countries is facing legal challenge in federal court. The Canadian government implemented the ban in 2023, ostensibly targeting adoptions from Pakistan, but it has broader implications affecting children from Iran, Sudan, Iraq, Qatar, Afghanistan, and Algeria. The abrupt move halted adoption processes involving these countries, leaving Canadian mothers unable to adopt children from these regions.

Jameela Qadeer, one of the individuals impacted by the ban, is taking legal action against it. Jameela had become the guardian of three children born to her sister, who passed away a few years ago. Despite the court in Pakistan approving Jameela’s adoption of the children, the Canadian authorities refused to recognize the adoption, citing concerns related to Shariah law. The Canadian government contends that severing birth ties between a parent and child goes against Shariah principles, and the Islamic concept of guardianship (kafala) can no longer serve as the basis for adoption.

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While the United States, United Kingdom, and Australia continue to permit adoptions from Pakistan, Canada’s policy has drawn criticism for being discriminatory. Jameela has contemplated relocating to Pakistan, but security concerns have compelled her to stay in Canada and pursue the legal battle. The court hearing is anticipated around April, and Jameela’s case highlights the broader issue of discrimination against potential adoptees from Muslim-majority countries.

Immigration, Refugees, and Citizenship Canada have not provided a clear response regarding whether the adoption law has been reviewed. They declined to comment on active litigation cases. The impending court decision holds significant implications for the future of hundreds of children from Pakistan who are currently unable to be adopted by Canadian parents. The court could either uphold the ban or overturn it, providing an opportunity for Parliament to draft new legislation. Jameela’s legal counsel, Shazadi Meighen, expresses hope that the court might strike down the law or declare a specific interpretation invalid, potentially opening avenues for a more inclusive and equitable adoption policy. The outcome will shape the destiny of these children, determining whether they can be adopted and travel to Canada while their foster parents eagerly await their arrival.