Mumbai: The Bombay High Court has annulled the adoption of a 4-year-old boy after his adoptive parents complained of his “uncontrollable bad behaviour and habits”.
Justice Riyaz Chagla, while annulling the adoption, noted the report submitted by the counsellor which stated that the adoptive parents do not have emotional bonding with the child, though the boy is fond of the adoptive parents and their 7-year biological daughter who is an elder sibling.
“... it would be in the interest of the said male minor child that the adoption order dated 17th August 2023 is annulled and consequential reliefs sought for in the said Affidavit are granted,” Justice Chagla said o0n January 25.
An affidavit was submitted by the adoptive parents, residents of Uttar Pradesh’s Ghaziabad, on December 2 last year, stating: “We have not bonded with the child, hence we would like to return the child.” They brought the child back to the children’s home in Mumbai from where he was adopted last August.
The boy was born on May 10, 2020. On Sept 6, 2022, he was found abandoned by police and his custody was given by the Child Welfare Committee to the children’s home. On the joint petition by the agency and a couple, the HC on August 17, 2023, passed an order granting the child in adoption to the couple and allowed them to take him with them.
Adoptive Parents Complain Of Bad Behaviour Within Months Of Adoption
However, within five months of adoption, the adoptive parents complained to the Trust of his “bad behaviour”. The Trust advised counselling sessions to understand the child's behavioural issues better and recommended remedial measures. The Trust also informed relevant authorities about the adoptive parents' inability to keep and take care of the child.
The parents revealed during the counselling session that the child had overeating behaviour, picking food from the dustbin, and raised concerns about potential health issues. Subsequent medical examinations suggested the possibility of obesity and other health issues related to diabetes. A second counselling session highlighted that the adoptive parents were not ready to keep the child as their own and take necessary remedial measures. The Counsellor noted a lack of emotional bonding between the adoptive parents and the child, despite the child's fondness for them and their seven-year-old biological daughter.
Hence, the adoptive parents executed an affidavit before the HC in December to annul the adoption order.
The HC has directed the Central Adoption Resource Authority (CARA) to register the child as “free for adoption” for identifying suitable prospective adoptive parents at the earliest. The court also directed return of Rs2 lakh which was invested by the adoptive parents in the child's name for his benefit, as directed by the court at the time of adoption.
