Bombay High Court declares minor girl ‘free for adoption’

Mumbai: The Bombay High Court on Wednesday declared a minor girl ‘free for adoption’, clearing the decks for a city-based couple to adopt the child. This comes after the couple was stuck in procedural glitches post the modifications in the Hindu Adoptions and Maintenance Act.

A division bench of Justice Naresh Patil and Justice Nitin Sambre said, “We declare this two-and-a-half-year-old girl child free for adoption. She can now be adopted by foster parents, after following the due procedure of law, by making a proper plea in a competent court. We hope the Child Welfare Committee (CWC) cooperates with the foster parents and grant a no objection certificate to them.” Judges were hearing a writ petition moved by an Andheri-based NGO Shantighar Social Society, urging the court to declare the girl free for adoption.

According to the NGO, her biological mother had been to their shelter home when she was pregnant by six months. The mother wanted to abort her pregnancy, however, post to the NGO’s counselling, she decided to give birth to the child and hand over it for adoption. But post her delivery, she did not fill in the requisite form and since then has been untraceable. This acted as a hurdle for the couple in adopting the child as she was not declared free for adoption by her biological mother, which in turn compelled the NGO to move the HC.

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