A Divison Bench of justices B Veerappa and KS Hemalekha of Karnataka High Court held that biological parents have sold the child in the name of adoption which cannot be tolerated. The High Court held it shocking while refusing to give relief to a Muslim couple who sought a declaration that they are the adoptive parents of a two years and eight months girl born to a Hindu couple.

The bench said that "It is shocking that an agreement has been entered into between the parties in respect of an unborn child". The bench further held that "the action of both the biological and the adopted parents amounted to an infringement of the fundamental rights of the Kid's liberty under Article 21 of the Constitution"

The Muslim Couple from Brahmavar Takula of Udupi District of Karnataka entered into an unregistered agreement with the Hindu couple from Karkala Taluka on 21st March 2020 to adopt yet to be born child. The girl child was born after five days of the agreement and is presently in the Government home when the District Court at Udupi refused to recognize the agreement in May, 2022 and also ordered to lodge an FIR and also ordered the Government authority to take the child away from them. 

The bench held that "True, an unborn is not a natural person, but it is well known that after six weeks, life is infused into the embryo, thus converting the embryo into fetus. Once an embryo evolves into a fetus, the heartbeat starts. In other words, the unborn has life from the stage it  transforms into a fetus."

The bench further held that "If the unborn has life, though it is not a natural person, it can certainly be considered a person within Article 21 of the Constitution, for there is absolutely no reason to treat an unborn child differently from a born child."