Bombay High Court Annuls Adoption Order for Minor Child, Orders Re-Registration for New Adoptive Home.
25 January 2024
Adoption Law >> Family Law
In a significant decision of Bal Asha Trust, Mumbai v/s Ashu Singhal & Another, the Bombay High Court has annulled the adoption order granted earlier this year, which allowed the adoption of a male minor child, referred to as Ganesh Karthik Singhal. The adoption order, passed on August 17, 2023, has been recalled following the adoptive parents' concerns about the child's behavioral issues and difficulties in forming an emotional bond. The Court's ruling emphasizes the importance of ensuring the child's best interests, allowing for a reassessment of the adoption arrangement and the commencement of a new adoption process. 
Background of the Case:
The adoption of the minor child had been approved through Judge’s Order No. 38 of 2023 in Indian Adoption Petition No. 20 of 2023. The adoption petition was filed jointly by a Specialized Adoption Agency (the Petitioner Institution) and the adoptive parents, with all procedural requirements under the Adoption Regulations completed successfully. Following the court's approval, the child was placed in the custody of the adoptive parents.
However, five months after the adoption, the adoptive parents approached the Petitioner Institution with concerns about the child's behavior, including uncontrollable habits. The parents sought advice and counseling to address these issues, which led to further assessments by medical professionals and counselors.
Medical Concerns and Counseling:
In October 2023, during a counseling session, the adoptive parents revealed that the child had exhibited overeating behavior, which prompted them to seek medical advice. After blood tests, it was discovered that the child had borderline levels of Leptin and potential health issues like diabetes and obesity. Despite efforts to address the situation, the second counseling session in November 2023 highlighted that the adoptive parents were unable to emotionally bond with the child.
By December 2023, the adoptive parents submitted an affidavit stating their inability to continue with the adoption. They expressed their desire to return the child, stating that they had not bonded with him emotionally. The Petitioner Institution received the child back on December 18, 2023, and filed a petition seeking annulment of the adoption order.
Court's Decision:
The Court, after considering the affidavits and reports, including one submitted by Mr. O. Hareendran, Scrutiny Officer of the Indian Council of Social Welfare, found that it would be in the best interest of the child to annul the adoption. The Court concluded that the child should be re-registered as 'Free for Adoption' to allow the process of finding a new adoptive home.
The Court also ordered that the investment of Rs. 2,00,000/- made by the adoptive parents for the child's benefit be returned to them. Furthermore, the adoptive parents were directed to return all original documents related to the child to the Petitioner Institution.
Conclusion:
This ruling highlights the importance of ensuring that the adoption process remains in the best interest of the child. The Court's decision to annul the adoption reflects a compassionate approach, ensuring that the child has the opportunity for a more suitable home. It also underscores the legal provisions surrounding adoption in India, emphasizing that adoption must be a mutually beneficial and emotionally viable arrangement for both the child and the adoptive parents.