In a significant verdict prioritizing a child’s psychological welfare over biological claims, the Lahore High Court has ordered that a 13-year-old boy be returned to his adoptive parents. The court overturned a lower court’s decision that had granted custody to the biological parents, emphasizing that the bond of upbringing holds immense value.
Justice Faisal Zaman Khan, in an 8-page written judgment, highlighted that in custody cases, the child’s own desire and mental state must be the top priority. During the proceedings, the young boy clearly stated his wish to stay with the parents who raised him. Even after the court sent him to live with his biological parents for a week as a trial, he maintained his stance and chose to return to his adoptive home.
The court observed that the biological parents had voluntarily given the child to their brother (the adoptive father) at birth. For nine years, the adoptive parents raised him with love and care without any complaints. The judgment noted that suddenly telling a child that his reality is false and sending him to a completely new environment is akin to “dropping a bomb” on his life. Such a drastic change would be harmful to his mental growth.
Furthermore, the court took into account the family environment, noting that the biological father already has three wives and thirteen other children. Sending the boy to such an overcrowded household was deemed unsuitable for his well-being. The court concluded that the custody claim was driven more by a family dispute than the child’s best interests. However, the biological parents have been allowed to seek visitation rights through the Guardian Court.
