As per Lawkidunya, Child custody rights of same-sex parents in Pakistan are not explicitly recognized or protected under Pakistani law. The country’s laws and courts have traditionally adhered to Islamic principles and customs, which do not acknowledge same-sex relationships or parenting.

In Pakistan, child custody is determined by the Guardians and Wards Act 1890, which gives preference to the mother in cases of young children, but ultimately prioritizes the “welfare of the minor”. However, this law does not address same-sex parents or their rights.

Pakistani courts have been known to consider factors such as the child’s emotional attachment, education, and financial stability when determining custody. Nevertheless, these considerations are typically applied within the context of traditional heterosexual relationships.

It’s essential to note that Pakistan’s laws and societal norms are not supportive of LGBTQ+ rights, and same-sex relationships are criminalized under Section 377 of the Pakistan Penal Code. As a result, same-sex parents may face significant challenges in asserting their custody rights or even acknowledging their relationship in a legal setting.

In summary, the child custody rights of same-sex parents in Pakistan are uncertain and unlikely to be recognized or protected under current laws and societal norms.