The plea argued that Muslims are bound to follow Kafala system under which a child is placed under a Kafil (guardian) who takes care of child’s upbringing, marriage, well-being but the child continues to remain the descendant of his biological parents and not adopted. “An adopted child cannot inherit guardian’s property and retains his biological name.
If child’s family is not known, only then he can carry the name of adoptive family whereas in Hindu law adopted child turns to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption,” the plea argued.