Adopting parents having custody of child does not mean adoption is valid, says Mumbai court

13 March 2023

The court ordered custody of the child to be given to the biological mother after she alleged that the adoption involved a baby-selling racket.

The court also dismissed a review petition filed by the adopting parents of the child against the 2022 order.

By Vidya : Observing that a biological mother has "the right to have custody of her child" and that "giving and taking of the child in adoption is not proved", a Mumbai court ordered an adopting couple to return the child to its biological parents.

The court said that just because the custody of the child was with the adoptive parents does not give them "any right to retain the child with them."