Unlawful adoption: Telangana HC rules adoption illegal; denies custody of 'purchased' baby
HYDERABAD: The Telangana high court recently dismissed a petition filed by a couple seeking custody of a male infant they purchased from the infant's biological mother through an agent. The baby was rescued by police at Chaitanyapuri when they busted an interstate baby trafficking racket. Along with the infant's adoptive parents, the infant's biological mother also sought custody. However, the court noted that the child's adoption did not occur through the proper adoption guidelines
Rachakonda police, in March 2025, busted a child trafficking racket, rescuing 16 infants and arresting around 15 persons. The accused included the kingpin of the racket, K Krishnaveni, a 'supplier' from Gujarat named Vandana, their associates, and adoptive couples.
The petition seeking the child's custody was filed by a Jeedimetla resident couple as well as the child's biological mother.
Biological mom, adoptive couple were family friends
Their counsel alleged that since the child's biological mother and the adoptive couple were family friends, they gave the child in adoption, a process approved by the Supreme Court in a similar case. Arguing that the child should not be deprived of parental care, they sought the child's custody
In response, the govt pleader opposed the petition, arguing that the couple had paid a large sum of money to the biological mother in exchange for the baby, and submitted to the court the couple's confession statement recorded at the time of their arrest. The confession statement clearly mentions how the couple were childless for over a decade since their marriage.
The counsel also informed the court that after the child's rescue, his biological mother went absconding and did not respond to notices from the Child Welfare Committee (CWC).
After hearing both sides, the high court noted that this cannot be a case of illegal detention of the child and observed that the couple did not follow the adoption rules according to the Central Adoption Resource Authority (CARA) and the Juvenile Justice (Care & Protection) Act.
No legal standing established, says court
The court also observed that the petitioners failed to establish their legal standing (locus) or provide consistent and truthful facts about the adoption and the biological mother.
Furthermore, the adoption deed is unregistered and does not comply with legal requirements.
The cited Supreme Court decision is also factually different and is not applicable to this case, the high court ruled.
Maintaining that the child currently being in the custody of the Child Welfare Committee was safer and more legal, the court dismissed their petition.