After adoption turns agonising, elderly couple approaches Kerala HC seeking annulment
Taking all the necessary legal steps, they officially welcomed the child into their lives in 2018, having adopted her from the Nishkam Seva Ashram, an institution under the Government of Punjab.
KOCHI: After the untimely demise of their only son in a car accident in 2017, an elderly couple from Thiruvananthapuram found themselves grappling with intense loneliness and emotional trauma. Seeking solace and a new purpose in life, they made the difficult decision to embrace parenthood once again through adoption.
Realising the complexities and intricacies involved in the adoption process in Kerala, they approached a centre in Punjab, where they discovered a 12-year-old girl who captured their hearts. Taking all the necessary legal steps, they officially welcomed the child into their lives in 2018, having adopted her from the Nishkam Seva Ashram, an institution under the Government of Punjab.
However, their hopes took an unexpected turn as the adoption process brought them immense mental anguish, ultimately leading them to contemplate returning her to the place of adoption.
The reason: The girl, hailing from North India, struggled to accept the couple as her parents.
Driven by an unwavering desire to return to her roots, the girl’s firm stance left the couple with no choice but to make the painful decision, placing her under the care and protection of a child care centre in Thiruvananthapuram. They moved a petition before the Kerala High Court seeking a directive to the Thiruvananthapuram district collector to take steps to annul the adoption.
‘We provided best care, education to the child’
The court intervened and directed the District Legal Service Authority (DLSA) to interact with the child and file a report. When the petition filed by the couple came up for hearing the government pleader submitted that the child has now become a major and is housed at ‘Swadhar Home’ in Thiruvananthapuram. The court directed the DLSA secretary to visit the child at the centre and interact with her and then file a report by the next posting date.
“The adoption was done in a difficult phase in our life when we lost our only son in a car accident on January 14, 2017, and at that time he was only 23 years old. We applied before the court of guardian judge Ludhiana for adoption. An application was filed under Section 58 (3) Juvenile Justice (Care and Protection of Children) Act, 2015. We were given custody of the child and the child was placed for adoption,” the couple pointed out in the petition.
They said that they provided the child with the best care, education and a loving home. “Despite our sincere efforts, the child struggled to accept us as her parents having been raised in North India. She also started behaving violently towards her mother, placing her life in danger. Recognising the emotional strain on both the child and our family, we made the painful decision to surrender her custody to the Child Welfare Committee, Thiruvananthapuram on September 28, 2021.
The child has been under the care and protection of the Child Welfare Committee since then. Following Rule 18 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, we approached the Child Welfare Committee Thiruvananthapuram, requesting them to take immediate steps to annul the adoption and facilitate her return to her original place of adoption.” they said.
The couple pointed out that their attempts to seek the assistance of Nishkam Seva Ashram, the institution from which the child was adopted, proved to be futile, as they are unable to provide any help in the matter. The HC will hear the petition on November 17.