Bombay High Court: No adoption sans permission
The court also came down on the adoptive parents who declined to adopt the girl.
Mumbai: The Bombay high court has directed the Central Adoption Resource Authority (CARA) not to consider the application of a couple from Karnataka for the adoption of a child without taking the court’s permission, after the couple refused to keep custody of a child they had proposed to adopt as the child had a speech impediment. Even though the impediment could be rectified, the couple refused to accept the child, which the court termed as unfortunate. The court directed CARA to arrange for the child’s adoption in India or abroad on a priority basis.
A bench of Justice Gautam Patel, was hearing an adoption petition filed by Asha Sadan Balgruh seeking withdrawal of the petition after the adoptive parents refused to take custody of a girl child who had been put in their pre-adoptive foster care. The couple had refused to adopt the child within ten days of the child being put in their care as the child required speech therapy. The court was also informed that in the short time the child had become very attached to the adoptive father.
After hearing the grounds of refusal by the adoptive parents, the court termed it as an extremely unfortunate case. In light of the fact that the child had faced discrimination due to her medical condition, the court then directed CARA to ensure that Pooja was afforded priority in the adoption list both for Indian and Foreign Adoption.
The court also came down on the adoptive parents who declined to adopt the girl. “I do not wish to see any another situation of this kind at the hands or instance of these two parents. Hence, should these two prospective adoptive parents seek to take any other child in adoption, that child will not be released in to their pre-adoptive foster care without a specific order of this court.”