Adoptive Father Moves Kerala High Court Seeking Custody Of Child Forcefully Taken Away After Wife's Death; Granted Interim Relief

The Kerala High Court on Thursday granted interim custody of a child to his adoptive father who sought permission for the same after the Central Adoption Resource Authority (CARA) forced him to surrender the boy following the unexpected death of his wife.

Justice PB Suresh Kumar through an interim order permitted the father to keep custody of the child pending disposal of the writ petition. Meanwhile, the Counsel for Central Government appearing for CARA sought eight weeks time to get instructions. The matter has been accordingly posted after eight weeks.

The petitioner had lost his wife in March 2020. When she was alive, the couple had adopted an infant of 6 months as they could not have biological children. The plea states that they had to wait three years to get through the process of adoption till they finally matched with the boy from the Society of Sisters of Charity Holy Angels Convent, Bangalore.

However, the petitioner's wife passed away unexpectedly within a week of adoption. Unfortunately, the petitioner had not received the adoption order yet.

Advocate Raghul Sudheesh representing the petitioner submitted before the Court that the death of the petitioner's wife was duly informed to CARA and the Convent. When the authorities delayed the issuance of the adoption order, he forwarded a representation to CARA seeking expeditious disposal of the adoption process in September 2020. 

In July 2021, an officer from the District Child Protection Office instructed by CARA abruptly approached the petitioner and directed him to surrender the child, failing which, he threatened to forcefully take the boy into custody. The petitioner pointed out that this was done without any notice and that he had not been afforded an opportunity of hearing.  

He submitted before the Court that he was emotionally attached to the child and had been raising him as his own son. Surrendering the boy will adversely affect the mental and physical well-being of the child and will cause severe mental agony to the petitioner and his family, stated the plea.

According to him, he and his family have been taking care of the child in the best possible way and none of them could even think of sending the child back. 

Hence, the petitioner sought permission to keep custody of the child till the adoption process was completed.

Case Title: X v. Central Adoption Resource Authority

Click Here To Read The Order