No HC relief to adoptive couple in war with biological parents
MUMBAI: Bombay HC recently declined relief to the adoptive parents of a one-year-old child who had sought its intervention so that they continue to keep him with them.
The couple and the child’s biological parents are battling each other over the boy’s custody in the city civil court. The couple had moved HC to direct the Centre to amend the Hindu Adoption and Maintenance Act, 1956 (HAMA) “with respect to situations where custody is already handed over but consent is withdrawn”. They urged HC to issue norms in such cases to lower courts and pending framing of guidelines to direct the parties to maintain a status quo.
Justices Sanjay Gangapurwala and RM Laddha on September 20, though, said they “may seek appropriate relief before the court where proceedings are filed and pending”. The couple’s petition said they were desirous of a second child and wished to adopt. They had registered with the Central Adoption Resources Authority in November 2019 but there was no progress. In June 2021, they registered with NGO Aham Foundation. On July 16, 2021, its owner Julia Fernandes told them a newborn was up for adoption. While they were apprehensive about it, the child’s mother insisted on immediate adoption. After a small “give and take ceremony”, the adoption deed was executed with the biological parents and they were given custody of the child.
No HC relief to adoptive couple in war with biological parents
TNN | Oct 9, 2022, 01.51 AM IST
No HC relief to adoptive couple in war with biological parents
MUMBAI: Bombay HC recently declined relief to the adoptive parents of a one-year-old child who had sought its intervention so that they continue to keep him with them.
The couple and the child’s biological parents are battling each other over the boy’s custody in the city civil court. The couple had moved HC to direct the Centre to amend the Hindu Adoption and Maintenance Act, 1956 (HAMA) “with respect to situations where custody is already handed over but consent is withdrawn”. They urged HC to issue norms in such cases to lower courts and pending framing of guidelines to direct the parties to maintain a status quo.
Justices Sanjay Gangapurwala and RM Laddha on September 20, though, said they “may seek appropriate relief before the court where proceedings are filed and pending”. The couple’s petition said they were desirous of a second child and wished to adopt. They had registered with the Central Adoption Resources Authority in November 2019 but there was no progress. In June 2021, they registered with NGO Aham Foundation. On July 16, 2021, its owner Julia Fernandes told them a newborn was up for adoption. While they were apprehensive about it, the child’s mother insisted on immediate adoption. After a small “give and take ceremony”, the adoption deed was executed with the biological parents and they were given custody of the child.
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In September 2021, the couple filed an adoption petition under HAMA so they could submit the decree for Aadhar card and passport for the child. On March 16, 2022, the civil court dismissed their adoption petition holding adoption deed is not registered, and according to Section 16 of HAMA, “the court shall not presume that adoption is made in compliance with provisions of this Act”.
It further said as biological parents have objected to giving their child for adoption, “the adoption process can’t be completed without their consent”. In June 2022, the couple filed a review petition before the civil court and the biological parents filed for custody of their child.
The couple’s petition in HC said the adoption was complete when the adoption ceremony and signing of the adoption deed was done before a notary. Their advocate Aparna Vhatkar argued that therefore the adoption cannot be cancelled. The petition said the civil court erred in holding that the adoption deed is not registered as per HAMA as nowhere in section 16 it states that the adoption deed is required to be registered.
Advocates Edith and Mikhail Dey for the biological parents opposed the petition saying HAMA is not applicable as the biological mother is a Christian. The prospective adoptive parents and biological parents have to be Hindu to be governed by HAMA.
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