Two-year wait period not mandatory for adoption: Bombay HC

MUMBAI: The Bombay high court has said that an 18-year-old rule which stipulates a two-year wait period before guardians are allowed to adopt the children placed in their custody is not a mandatory requirement.

The court came to the aid of a couple, in their 30s, who wanted to adopt a six-and-a-half-year-old child for whom they were appointed as guardians in January 2017.

The child has been residing with the adoptive mother since birth, after his biological mother placed him in her custody.

The court said that the reality today, especially when it comes to education of young children, was different from 18 years ago. "The factual scenario today is very different from what it was merely two decades ago. The question of identity and proof of identity for every living person and citizen has assumed a certain criticality. From the child's earliest days, parents must now have ready at hand, for a multitude of purposes, documentation establishing the child's birth, identity and parentage. One of the most crucial areas is the question of admission to educational institutions. Another is applying for government subsidies for social and financial benefits. In matters of education, things have reached an absurd and even impossible pass where a child has to be registered for admission almost at birth and certainly well before the child is able to speak or walk," said Justice Gautam Patel.

Justice Patel said that the two-year wait period was a court-made rule and was introduced as a matter of caution. The judge said that courts "cannot approach these matters with such rigidity, especially if that comes at the cost of the minor."

The court referred to the home study report and the investments that the adoptive parents had made in the name of the child. "While recognising the need for caution, we must allow ourselves some flexibility so as to best achieve our avowed purpose, to ensure the future well-being of the minor," said the court, adding, that if the parents were to provide for the child, they will need an order of adoption to be able to manage his education and to provide for him.

The court waived the two-year wait period for adopting the child.

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