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Additionally, the counsellor noted that the couple lacked an emotional bond with the adopted child, even though the adopted child had formed a bond with the couple's biological child
The Bombay High Court has annulled the adoption of a 3-year-old child after the adoptive parents conveyed to the adoption agency that they were unable to form a bond with the child and wished to return the child.
The single judge bench Justice RI Chagla was hearing a petition moved by Bal Asha Trust seeking to annul the adoption and declare the child as ‘Free For Adoption’.
The adoptive parents from Ghaziabad were granted permission to adopt the child from Mumbai by the high court in August 2023.
However, within a mere five months following the adoption, the couple approached the adoption agency, expressing concerns about the child's uncontrollable behaviour and eating habits.
In response, the agency recommended counselling sessions for the couple. During these sessions, it was discovered that the couple was unwilling to take necessary measures to address the child's eating habits.
Additionally, the counsellor noted that the couple lacked an emotional bond with the adopted child, even though the adopted child had formed a bond with the couple's biological child.
On December 2, 2023, the adoptive parents filed an affidavit, stating, "We have not bonded with the child, hence we would like to return the child."
In the same affidavit, the adoptive parents expressed their readiness to comply with the CARA Regulations and orders of the Court and authorities for the dissolution of the adoption.
The trust submitted that annulling the adoption would be in the best interest of the orphan, and accordingly, the court annulled the adoption.
The high court ordered the return of the Rs. 2 lakh invested by the adoptive parents in the minor's name.
Case title: Bal Asha Trust vs XYZ
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