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WHAT YOU SHOULD DO WHILE YOU WAIT
1. Applying for NICOP Card
2. Finding a dependable contact in Pakistan
3. Contacting a Lawyer in Pakistan
4. Selecting an Attorney in US
1. Applying for NICOP Card
There are three identity cards issued by the National Database
and Registration Authority (NADRA). One is a Computerized National
Identity Card (CNIC) for residents of Pakistan and persons having
dual nationalities. The second is a Pakistan Origin Card (POC) and
the third is the National Identity Card for Overseas Pakistanis
(NICOP). The difference between NICOP and POC is that the POC is
a little more restrictive in terms of what you can transact in Pakistan
and is much easier to obtain.
The POC can be obtained by non-Pakistani spouses and families of
Pakistani passport or NICOP holders. It allows entry in Pakistan
without a visa and exempts one from registering as a foreigner and
lets them transact most business.
A NICOP has more stringent requirements such as absolute proof
of Pakistani identity for the applicant. An old Pakistani passport
of the applicant or their parent along with any old ID cards is
required.
For the purpose of international adoption, only a NICOP or CNIC
allows an adoptive parent to get a "B" form (or "CRC" Child Registration
Certificate) for a child which is an identity card issued to minors
under 18. The "B" form is necessary to get the Pakistani passport,
which is required in order to get a visa to take the child out of
the country.
NOTE: Some agencies have obtained "B" forms under the name of a
CNIC holding guardian instead of adoptive parents to get around
the NICOP requirement but this needs to be clarifies from NADRA.
Further information on NICOP can be viewed at the NADRA website
at http://www.nadra.gov.pk/site/340/default.aspx
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2. Finding a Dependable Contact in Pakistan
When working with orphanages in Pakistan, it is important to have
a strong and dependable local contact in Pakistan. Edhi requires
you to designate a local contact in Karachi, family or close friend,
who can represent you in your adoption process.
Mrs. Edhi likes to meet with the local contact and assesses your
case based on her impression of the contact. She also gauges your
interest in pursuing your adoption by the diligence with which your
local contact keeps in touch with Edhi office. It is recommended
they meet her in person initially and thereafter call every other
week. This is the person they will call when a child is available
for you. They should be able to go and pick up the baby on your
behalf at an hour's notice, and you should feel comfortable with
this person taking care of your child till you, or another responsible
relative, can get to Karachi to take custody of the baby.
SOS also wants you to designate a local contact in Lahore who
would be called when a baby is available for you, but they do not
require active involvement from your local contact like Edhi does.
In any case, it is important to find someone who is reliable, and
willing to make the time and effort to represent you and take care
of your child if need be. Most people rely on immediate and extended
family, but you may also designate a trusted friend for this important
role. Your local contact will receive the baby on your behalf, be
responsible for contacting you with the information that the child
is available, and confirming to the orphanage your acceptance of
the child. In some cases, you may grant power of attorney to your
local contact to take care of your child through the waiting period,
represent your case in the Pakistani Family Court, get the baby's
birth certificate and CRC, etc. The bond that develops between your
child and your local contact as a result of this important role
in the child's life, becomes a relationship to cherish for a lifetime.
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3. Contacting a Lawyer in Pakistan
Adoption is not recognized in Pakistan and therefore adoptive parent(s)
can gain legal custody only through guardianship in Pakistani family
courts as prescribed by the Guardian and Wards Act of 1890. The
decree has to state that the petitioner and spouse (if married)
have obtained legal custody of the child for adoption and emigration.
It is highly recommended to have an experienced attorney ready
and willing to prepare and present your case. It is very important
to verify with a potential attorney if she/he has handled guardianship
cases in Pakistani courts for US citizens. Ask them for references,
the names of some of their previous clients and contact information.
You should also ascertain exactly what services the attorney is
providing for their fee. Some attorneys will agree to only represent
you in court and others may provide more services such as assisting
with getting documents like birth certificate, child's CRC (Child
Registration Certificate), and child's Pakistani passport.
If you are unable to be in Pakistan and personally handle some
of the paperwork or court appearances and therefore wish to appoint
someone to act on your behalf by power-of-attorney, your attorney
should be able make arrangements for that. Verify with the attorney
if they have handled such cases and get client names and contact
information. Again, an experienced attorney is highly recommended.
Check all documents for spelling errors, incorrect dates, and any
inaccurate information as soon as you receive the court documents
and review your attorney's court submissions beforehand because
any small error could cause you weeks or even months of delays to
rectify the problem.
Attorney fees can vary greatly by attorney. It helps to ask couples
experienced with adoption to determine if the fee is reasonable.
The State department provides a list of recommended attorneys at
http://travel.state.gov/family/adoption/country/country_432.html
The following are names of attorneys that are recommended by families
that have adopted from Pakistan:
|
City
|
Name
|
Contact
|
| Karachi |
Riaz Kadir Brohi
(more experience in Edhi adoption cases)
|
7/1, Arkay Square,
Shahrah-e-Liaquat
New Challi, Karachi
Ph: 92-21-244-1844
Ph: 92-21-244-1917
Cell: 92-300-280-0988
|
| Karachi |
Farrukh Zia Shaikh
(more experience in Kashana adoption cases)
|
708 Seventh Floor, Progressive Square Shahrah-e-faisal,
Karachi
Ph: 92-21-455-2902
e: fzshaikh@khi.compol.com
Website: www.farrukhziashaikh.com
|
| Karachi |
Nisar Ahmad Khan
|
1/2 AL Yousaf Chambers
New Chali
Sharah-e-Liaquat Karachi
Ph: 92-21-665-0240
Cell: 92-333-232-7519
|
| Lahore |
Anwar Kamal |
(Sofia to provide)
|
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4. Selecting an Attorney in US
Since Pakistan only provides guardianship, you will need to readopt
your child in the United States when you and your new family return
home. You will need an attorney in the US as well as in Pakistan.
Home study agencies can recommend an attorney and a few will actually
arrange for the re-adoption.
If you are on an orphanage waiting list, the call for placement
of a child could come without warning and you may have to leave
for Pakistan with a short notice. It may help to interview and select
the attorney that is right for you prior to your placement and travel
to Pakistan, so you do not have to find one after your return to
the United States with your child. It also helps to have a US attorney
at your disposal if you run into problems with US embassy in Pakistan
that requires their assistance. This should hopefully not be a problem
if you adopt through agencies approved by the State department.
The following is a website that lists adoption attorneys by state
http://www2.adoptionattorneys.org/states/state.asp?st=NY
The following are names of US attorneys recommended by families
that have adopted in Pakistan.
| State |
Adoption Attorney |
Contact |
| Missouri |
Karen S. Rosenberg |
Assisted Reproductive Technology Law, Adoption Law
Krigel and Krigel, P.C. 4550 Belleview Kansas City, MO 64114
Ph: 1-816-756-5800
Fax: 1-816-756-1999
e: krosenberg@krigelandkrigel.com
|
| New York |
Michael Goldstein |
62 Bowman Avenue, Rye Brook, NY
Ph: 1-914-939-1111 x 212
Ph: 1-914-579-3181
e: m.goldstein@adoptionattorneys.org
Website: www.adoptgold.com
|
| New York |
Lori Goldheim |
20 Old Nyack Turnpike, Suite 300, Nanuet, NY 10954
Ph: 1-845-624-2727
e: goldheim@adoptionattorneys.org
Website: www.adoptionrights.com
|
| New York |
Aaron Britvan (may have retired?) |
Ph: 1-516-496-2222 |
| New York |
Jeanine Castagna |
1225 Franklin Avenue, Suite 325 Garden City, NY 11530
Ph: 1-516-495-7906
e: jeanine@jcadoptionlaw.com
|
| New York |
Nina Rumbold and Denise Seidelman |
1145 Baldwin Road, Yorktown Heights, NY 10598
Ph: 1-914-962-3001
Fax: 1-914-962-1707
e: n.rumbold@adoptionattorneys.org
e: d.seidelman@adoptionattorneys.org
Website: www.adoptionlawny.com
|
| Tennessee |
Lisa L. Collins |
3100 West End Avenue, Suite 1210, Nashville,
TN 37203
Ph: s1-615-269-5540
Fax: 1-615-345-1400
e: l.collins@adoptionattorneys.org |
| Texas |
Donald and Melody Royall |
Website: www.adoptiontexas.com
|
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