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HC junks 4-yr-old’s adoption after parents complain of ‘uncontrollable bad behaviour’

Rosy Sequeira / TNN / Feb 5, 2024, 02:04 IST




HC junks 4-yr-old’s adoption after parents complain of ‘uncontrollable bad behaviour’© Provided by The Times of India


MUMBAI: Bombay high court has annulled the adoption of a 4-year-old boy after his adoptive parents complained of his “uncontrollable bad behaviour” and were unwilling to keep him with them.


“I am of the considered view that it would be in the interest of the said male minor child that the adoption order dated Aug 17, 2023 is annulled...,” said Justice Riyaz Chagla in the Jan 25 order.


An adoption agency moved HC to annul the adoption and to direct Central Adoption Resource Authority (CARA) to register the child as ‘free for adoption’. It also sought return of Rs 2 lakh invested in the child’s name for his benefit as directed by HC.


The boy was born on May 10, 2020. On Sept 6, 2022, he was found abandoned by the police and his custody was given by the Child Welfare Committee to a children’s home.


On the joint petition by the agency and a couple, residents of Ghaziabad, Uttar Pradesh, HC declared them the child’s parents and allowed them to take him with them. The agency’s petition said five months after adoption, the adoptive parents complained about the “uncontrollable bad behaviour and habits” of the child. It advised them to undergo counselling to understand the minor’s behavioural issues better and to try remedial measures to address them.


On Oct 28, they told the counsellor they had observed the child overeating and found he was picking food from the dustbin. They took the child to a paediatrician. Blood tests revealed the child has borderline levels of leptin and diabetes. The doctor opined that the child may be suffering from obesity and other health issues related to diabetes.


On Nov 8, the counsellor found that the adoptive parents were not ready to keep the child as their own and take necessary remedial measures to rectify his eating habits.


“The counsellor also found the adoptive parents do not have emotional bonding with the said male minor child, though the child is fond of the adoptive parents and their seven-year biological daughter who is an elder sibling,” Justice Chaga noted.


On Dec 2, the couple executed an affidavit stating: “We have not bonded with the child, hence we would like to return the child”. On Dec 18, they brought him back to the home.

Justice Chagla directed CARA “to re-register the child as ‘free for adoption’ for identifying suitable prospective adoptive parents at the earliest.” He also directed Rs 2 lakh be returned to the couple.

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