Bombay High Court Annuls Adoption Of 3-Year-Old After Adoptive Parents Complain Of Bad Behaviour & Express Lack Of Bond With Child

The Bombay High Court recently annulled the adoption of a three-year-old boy after the adoptive parents complained of his uncontrollable bad behaviour and expressed a lack of bonding with the child.

Justice RI Chagla directed CARA to re-register the child as 'Free for Adoption' to identify suitable prospective adoptive parents promptly.

“I am of the considered view that 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”, the court said.

The adoption agency sought annulment of the adoption order dated August 17, 2023 via an affidavit filed on December 19, 2023 in an adoption petition.

The child was granted in adoption by the order in an Adoption Petition filed jointly by the Specialized Adoption Agency Bal Asha Trust and the adoptive parents. Following due procedure, the physical custody of the child was handed over to the adoptive parents and the adoption petition was disposed of.

However, five months after the adoption was granted, the adoptive parents complained to Bal Asha Trust about the uncontrollable bad behaviour and habits of the male minor child. In response, Bal Asha Trust advised counselling sessions to understand the child's behavioural issues better and recommended remedial measures. Bal Asha Trust also informed relevant authorities about the adoptive parents' inability to keep and take care of the child.

Counselling sessions revealed the adoptive parent's observations of the child's overeating behaviour, picking food from the dustbin, and concerns about potential health issues. Subsequent medical examinations suggested the possibility of obesity and other health issues related to diabetes.

The second counselling session, conducted on November 18, 2023, 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.

On December 2, 2023, the adoptive parents executed an affidavit stating that they would like to return the child as they have not bonded with him.

Following the affidavit, the child was returned to Bal Asha Trust on December 18, 2023. Bal Asha Trust then sought the annulment of the adoption order and permission to commence the process of finding another adoptive home.

The court recalled the adoption order dated August 17, 2023 and the adoption of the child was annulled. The court directed the investment of Rs. 2,00,000 made for the child's benefit to be returned to them and directed them to return all original reports and documents pertaining to the child to Bal Asha Trust.

Case no. – Indian Adoption Petition No. 20 of 2023