Supreme Law News

Can adoption annulled?

When the three-year-old boy's parents claimed they were unable to form a bond with him, they attempted to place him back in an orphanage.

The orphanage then requested that the adoption be dissolved in an approach to the court.

Following the adoptive parents' disclosure that they were unable to create an emotional relationship with the kid, the Bombay High Court recently revoked the adoption of a three-year-old child [Bal Asha Trust, Mumbai v. Ashu Singhal, Riddhi Singhal].

After the boy was returned by his adoptive parents, the orphanage filed an application to proclaim him "Free for Adoption," and Justice RI Chagla granted their request.

On August 17, 2023, the High Court granted the adoptive parents' request to adopt the child from Mumbai, based on a joint petition submitted by the orphanage, Bal Asha Trust, and themselves.

After five months of adoption, the adoptive parents brought up the child's "uncontrollably bad behavior and habits" with the orphanage.

The orphanage recommended that the adoptive parents attend counseling sessions in order to gain a better understanding of the minor's behavioral problems and attempt corrective actions to deal with the child's purported behavioral problems.

The counselor discovered during the second counseling session that the adoptive parents were not prepared to raise the minor child as their own or to make the necessary corrections to the child's eating patterns.

The child was fond of both the adoptive parents and their biological parent, but the counselor also discovered that there was no emotional attachment between the adoptive parents and the child.

The adoptive parents stated in an affidavit on December 2, 2023, that they had not developed a bond with the child and that they would like to "return the child." On December 28, 2023, they took the child back to the orphanage.

Following this, the orphanage petitioned the High Court to void the adoption in the child's best interests. It was requested of the Court to do this so that the Central Adoption Resource Authority (CARA) and the orphanage could start the process of finding the kid a new adoptive home.

On January 25, the Court made an order based on its conclusion that annulling the adoption would be in the child's best interests.

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