Bombay HC annuls child's adoption order as parents say they have not bonded with him

Mumbai: The Bombay High Court has annulled the adoption of a minor boy after his adoptive parents said they have not bonded with the child.

A single bench of Justice R I Chagla passed the order last month while hearing a petition filed by the Bal Asha Trust in December 2023, after the adoptive parents complained to the trust about the 'uncontrollable bad behaviour and habits' of the child (age not mentioned in the order).

The HC said it would be in the interest of the child if the adoption order, passed on August 17, 2023, is annulled.

The high court also directed the Central Adoption Resource Authority (CARA) to re-register the child as 'free for adoption' for identifying suitable prospective adoptive parents at the earliest.

The trust had advised the adoptive parents to undergo counselling sessions in order to understand the child's behavioural issues better and try remedial measures to address those alleged concerns.

The authorities concerned - CARA, State Adoption Resource Authority, District Child Protection Unit, and Specialised Adoption Agency - were also informed about the adoptive parents' inability to keep and take care of the child.

The adoptive parents attended two counselling sessions as advised by the trust.

The counsellor found the adoptive parents do not have an emotional bonding with the child, though he is fond of the adoptive parents and their seven-year-old biological daughter, who is an elder sibling, the petition said.

The adoptive parents submitted an affidavit before the court stating that, "We have not bonded with the child, hence we would like to return the child."

The HC bench, besides ordering the annulment of the adoption order, directed that an investment of Rs 2 lakh made in the child's name for his benefit by the adoptive parents shall be returned to them.

The adoptive parents are directed to return to the petitioner-institution all the original reports and documents pertaining to the child immediately, the court said.