TORONTO – A discriminatory ban against adoptions from Pakistan and other Muslim countries is set to be challenged before a federal court in Canada.
The Canadian government banned the adoption of children from Pakistan in 2023 in an abrupt move but in practice, children from Iran, Sudan, Iraq, Qatar, Afghanistan and Algeria are also barred from being adopted by Canadian mothers.
One of the victims of such a ban, Jameela Qadeer, is set to challenge the ban before a court as she has also been a mother to three kids born to her sister; the sister died a few years ago, prompting Jameela to adopt the kids but the Canadian government bars the adoption of those kids.
The authorities in Canada argue that Shariah law doesn’t allow for birth ties between a parent and child to be severed and that the Islamic principle of guardianship (kafala) could no longer be recognized as the basis for adoption.
Though the court in Pakistan has allowed Jameela Qadeer to adopt the kids, the authorities in Canada have refused to accept such adoption.
Interestingly, the United States, United Kingdom and Australia all continue to allow adoptions from Pakistan but Canada has a discriminatory policy in this regard.
Although Jameela has also thought of relocating to Pakisatn but security concerns have pushed her to stay in Canada and pursue the legal battle; the court hearing in this regard is expected around April.
As far as the official response on whether the law was reviewed is concerned, Immigration, Refugees and Citizenship Canada refuses to give a clear viewpoint and says t could not comment on active litigation cases.
Though all eyes are fixed on the court to either uphold the ban or overturn it, Shazadi Meighen, Jameela’s counsel is hopeful and says the court could choose to strike down the law and allow Parliament a period of time to draft new legislation.
‘It could also decide that a specific interpretation of the law is invalid, for example,’ she was quoted as saying by CBC News.
What the court decides could steer the future of hundreds of kids from Pakistan who are unable to be adopted and travel to Canada while their foster parents await their arrival.
