Bombay high court annuls adoption as parents unable to handle 4-year-old’s behaviour

Author : Nimisha Nayak

Updated On : February 14, 2024

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In a landmark decision, the Bombay High Court has nullified the adoption of a 3-year-old boy after the adoptive parents admitted to failing in establishing an emotional bond with the child. This ruling was handed down in response to a plea filed by Bal Asha Trust, the orphanage from which the child was adopted.

The couple had adopted the boy on August 17, 2023, but returned to the orphanage just five months later, citing difficulties in managing the child's behavior and their inability to form an emotional connection. Despite the orphanage's advice to undergo counseling sessions to better understand and manage the child's behavior, the adoptive parents did not demonstrate a willingness to improve the relationship. The counselor involved noted a lack of emotional bonding from the parents' side, despite the child showing enjoyment in their company and with their biological child.

In December 2023, the parents submitted an affidavit to the orphanage expressing their failure to bond with the child and their decision to relinquish him. They approached the High Court to have the adoption declared null, enabling the Central Adoption Resource Authority (CARA) to find another home for the child.

Justice R.I. Chugla, on January 25, 2024, invalidated the adoption, prioritizing the child's well-being. The court also ordered the refund of ₹2 lakhs spent by the adoptive parents for the child's benefit and directed CARA and Bal Asha Trust to find a new home for him. This case underscores the court's commitment to ensuring the best interests of the child in adoption proceedings.

Bombay high court annuls adoption as parents unable to handle 4-year-old’s behaviour

Author : Nimisha Nayak

February 14, 2024

SHARE

In a landmark decision, the Bombay High Court has nullified the adoption of a 3-year-old boy after the adoptive parents admitted to failing in establishing an emotional bond with the child. This ruling was handed down in response to a plea filed by Bal Asha Trust, the orphanage from which the child was adopted.

The couple had adopted the boy on August 17, 2023, but returned to the orphanage just five months later, citing difficulties in managing the child's behavior and their inability to form an emotional connection. Despite the orphanage's advice to undergo counseling sessions to better understand and manage the child's behavior, the adoptive parents did not demonstrate a willingness to improve the relationship. The counselor involved noted a lack of emotional bonding from the parents' side, despite the child showing enjoyment in their company and with their biological child.

In December 2023, the parents submitted an affidavit to the orphanage expressing their failure to bond with the child and their decision to relinquish him. They approached the High Court to have the adoption declared null, enabling the Central Adoption Resource Authority (CARA) to find another home for the child.

Justice R.I. Chugla, on January 25, 2024, invalidated the adoption, prioritizing the child's well-being. The court also ordered the refund of ₹2 lakhs spent by the adoptive parents for the child's benefit and directed CARA and Bal Asha Trust to find a new home for him. This case underscores the court's commitment to ensuring the best interests of the child in adoption proceedings.

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