Bombay HC Annuls Adoption as Adoptive Parents Cite Lack of Bond with Minor Boy

Bombay HC Annuls Adoption as Adoptive Parents Cite Lack of Bond with Minor Boy

The adoption of a minor boy has been invalidated by the Bombay High Court, following the adoptive parents' declaration that they have not formed a bond with the child.

Last month, the single-headed bench of Justice R. I. Chagla issued an order during the hearing of a petition filed by the Bal Asha Trust in December 2023. The petition was prompted by adoptive parents who had raised concerns with the trust regarding the child's "uncontrollable bad behavior and habits" (the child's age was not specified in the order).

The High Court expressed that it would be in the best interest of the child to nullify the adoption order issued on August 17, 2023.

Additionally, the High Court instructed the Central Adoption Resource Authority (CARA) to re-register the child as 'free for adoption' promptly, aiming to identify suitable prospective adoptive parents as soon as possible.

The trust recommended that the adoptive parents participate in counseling sessions to gain a deeper understanding of the child's behavioral issues and explore remedial measures to address the reported concerns. Additionally, the relevant authorities, including CARA, the State Adoption Resource Authority, the District Child Protection Unit, and the Specialized Adoption Agency, were notified of the adoptive parents' incapacity to retain and care for the child.

Following the trust's recommendation, the adoptive parents participated in two counseling sessions. During these sessions, the counselor observed that the adoptive parents lacked emotional bonding with the child, despite the child having affection for them and their seven-year-old biological daughter, who is an older sibling, according to the petition.

In an affidavit presented to the court, the adoptive parents declared, "We have not developed a bond with the child, and therefore, we wish to relinquish custody." In addition to annulling the adoption order, the High Court bench directed the return of a ₹2 lakh investment made in the child's name for his benefit by the adoptive parents.

The court mandated that the adoptive parents return all original reports and documents related to the child to the petitioner institution promptly.

 

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