Two cases of couples from Uttar Pradesh and Kerala wanting to return their adopted children have hit the headlines recently. Let’s look at the rules, what the courts said and why experts say ‘returned children’ are seemingly becoming a bigger problem

Two unusual cases have hit the headlines recently.

The first saw a couple from Uttar Pradesh seeking to return an adopted child.

The adoptive parents approached the Mumbai High Court in December saying they have not bonded with the child and complaining of the child’s ‘bad behaviour.’

The second witnessed a couple from Kerala in November also seeking to return a girl they had adopted in 2018 after their son passed away in a car accident.

The parents had sought to return the three-year-old boy to an orphanage after they reported that they could not bond with the child. The orphanage then approached the Court seeking a dissolution of the adoption.

The Bombay High Court recently annulled the adoption of a three-year old child after the adoptive parents informed that they were not able to bond with the child emotionally [Bal Asha Trust, Mumbai v. Ashu Singhal, Riddhi Singhal].

Bombay High Court Annuls Adoption Of 3-Year-Old As Adoptive Parents Seek Return, Citing Difficulty In Bonding

Raj Bhojani   

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• 05:27 PM, 05 Feb 2024
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Read Time: 03 minutes

The Bombay High Court has canceled the adoption of a child given to a couple in Mumbai. The couple had adopted this 4-year-old child just 5 months ago. The child was handed over to Bal Asha Trust from the police station. The child has a habit of overeating

Mumbai: Bombay High Court has canceled the adoption of a 4-year-old child in his interest. In August 2023, the court gave the child for adoption to a couple. The couple had adopted the child by filing a petition through Bal Asha Trust. After 5 months of adoption, the couple complained to the Trust about the child's uncontrolled bad behavior and habits. Also said that he has not been able to develop emotional attachment with the child, hence we want to return the child. For this they are ready to follow all the rules. Let us tell you that the couple already has a daughter. The trust has suggested counseling to the couple to understand the behavior of the child. So that necessary steps can be taken to improve the behavior of the child. Meanwhile, the Trust suggested adoption experts Central and State Adoption Resource, District Child Protection Unit to study the couple's house.

The aspect of the couple's inability to have a child together was examined. Counseling revealed the child's overeating behavior. The couple also talked about picking up food from the child's dustbin. Then the child was taken to the doctor. After blood test, it was found that the child was on the border line of leptin and diabetes. According to the doctor's opinion, the child may be suffering from obesity and other health problems related to diabetes.
 

The child was found at the police station

During counselling, it was revealed that the couple had no emotional attachment to the child, but the child had an attachment to them. With all the reports and the affidavit of the couple, the Trust had filed a petition in the High Court demanding cancellation of the adoption. The child given in adoption was found by the couple at NM Joshi Marg Police Station, which was handed over to Bal Asha Trust.

The case was heard before Justice Riyaz Chagla. During this time, after considering all the reports and affidavits, Justice Chagla canceled the order of adoption dated 17 August 2023. Also instructed the adoption agency to register the child for adoption again.

Tamil Nadu Social Service Society is an official organisation of the Tamil Nadu Catholic Bishops Conference

The Union Ministry of Home Affairs (MHA) has cancelled the Foreign Contribution Regulation Act (FCRA) registration of a Christian organisation — Tamil Nadu Social Service Society (TASOSS).

The non-governmental organisation (NGO) is the second Tamil Nadu-based Christian association whose FCRA registration has been cancelled 2024.

Tamil Nadu Social Service Society is an official organisation of the Tamil Nadu Catholic Bishops Conference

The Union Ministry of Home Affairs (MHA) has cancelled the Foreign Contribution Regulation Act (FCRA) registration of a Christian organisation — Tamil Nadu Social Service Society (TASOSS).

The non-governmental organisation (NGO) is the second Tamil Nadu-based Christian association whose FCRA registration has been cancelled 2024.

The project aims at giving underprivileged children separated from their parents the experience of being part of a family. Children aged between six and 18 years are considered for the programme

M.P. Praveen

The District Child Protection Unit (DCPU) has initiated steps for sending selected children from childcare institutes on two month-long vacation foster care (VFC) this summer.

The programme aims at giving underprivileged children separated from their parents the experience of being part of a family even if only for two months. The DCPU has invited applications from interested families, including single parents.

Last year, out of the 15 applications received for VFC, 12 children were assigned to families. While one child was sent back by a family owing to adjustment problems on part of the child, the other two families were not able to find children in their preferred age group. Children aged between six and 18 years are considered for VFC with families often preferring younger children.

Parents worry about language barrier, as MEA, government officials discuss teaching the child Indian languages

As Ariha Shah, the Indian child taken into parental custody by German Youth Services in 2021 turned three years old, her mother Dhara Shah made another plea to Prime Minister Narendra Modi to intervene in the matter, alleging that German authorities were making no attempt to introduce her to Indian culture. 

Ms. Shah, who was allowed to visit her daughter under supervision last week, says that despite the Ministry of External Affairs’ (MEA) request that German Youth Services or Jugendamt ensure the child is brought up culturally “as an Indian”, Ariha speaks only German and is not being taught English or any other Indian language. She also said that the Jugendamt had turned down a request from the Indian community in Berlin to allow Ariha to attend the Indian Embassy’s Republic Day function.

Process of Adopting from Bangladesh

Note: At least one prospective adoptive parent must be a dual citizen of the U.S. and Bangladesh in order to adopt from Bangladesh.

IN COUNTRY PROVIDER: Although the US requires adoptive families to work through a US Hague accredited agency, Bangladesh does not work with US adoption agencies. The local authorities consider the process to be a domestic placement with Bangladesh citizens. The Guardianship process within Bangladesh is an independent process initiated directly by the Bangladeshi citizen. Hope International has agreements with local licensed attorneys and orphanages in Dhaka, Bangladesh.

TIMEFRAME: Depending on many different factors, including the number of eligible children at the time of your availability to travel to Bangladesh, the timeframe to prepare your initial paperwork and be matched with a child can take 6-12 months. Then it can take an additional 4-6 months to obtain the child’s visa for entry into the United States.

THE CHILDREN: Children available for adoption in Bangladesh are often orphaned due to the stigma of being an unwed mother, poverty, as well from disease and natural disasters. The children available for intercountry adoption from Bangladesh are 1 month-15 years old. There are also sibling groups and children with special needs living in government orphanages in need of an adoptive family.

International Social Service (ISS).

Please Note: If you are adopted through this KSS’ Partner Western Adoption Agency (in the time frames during which KSS worked with this Partner Western Adoption Agency) then you should initiate a Birth Family Search through KSS in Seoul. For KSS Adoptees ONLY, please see: Step by Step Korea Social Service (KSS) Birth Family Search.

1964 - 1967 (exact ending date is unknown but is probably around Relinquishment Year 1967): KSS adopts to International Social Service (ISS) in the US.

Please note that International Social Service (ISS) in Korea is now closed. If you were a KSS / ISS Adoptee, your files are likely to be at KSS in Seoul. However ISS’ files may also be maintained by another Korean Adoption Agency which remains open, Social Welfare Society (SWS), which is now called Korea Welfare Society (KWS). This may depend on your case. 

ISS may have been based in both Korea and the US.

ISS may have partnered in the US with a US ISS office and / or local US based Adoption Agency to conduct the home studies with adoptive parents. We do not know what all of these local US based Adoption Agencies might be. In one KSS / ISS Adoptee’s case, her US Adoption Agency was Children's Home Society - we are not sure if Children's Home Society simply conducted the home study in this Adoptee’s case, or if they had further involvement with her adoption.

ISS is now closed, and its files are now housed with Social Welfare Society (SWS) which is now called Korea Welfare Society (KWS) in Korea.

If you are a KSS / ISS Adoptee, contact both KSS (see link below) and SWS (now KWS) for a birth family search. This is because ISS files are now housed with KWS, but your files may also be at KSS (this may depend on your case). Please do a Google Search to locate the website for SWS / KWS in Korea.