Adoption racket 2019: Family ‘separated from son’ for over three years, awaits reunion

The police claimed in 2019 that the six couples who had “adopted” the six children had paid money for them but did not complete legal formalities for adoption. It was in 2020, when five of the six children were legally adopted by five couples after a go-ahead from the court.

A couple from Mumbai central suburbs awaits reunion with their “adopted son”, now 11 years old, who was “rescued” by the police in 2019 after he stayed with the couple for seven years. The boy is one of the six children whom the police have claimed was trafficked by members of an alleged illegal adoption racket.

The couple’s plea, moved before the city civil court, seeking to legally adopt the boy, was not heard for the last few months as the court which was assigned the case was vacant. The plea, filed under the Guardians and Wards Act, is now likely to be heard on Saturday.

The police claimed in 2019 that the six couples who had “adopted” the six children – all boys then aged between 18 months and seven years – had paid money for them but did not complete legal formalities for adoption.

It was in 2020, when five of the six children — all belonging to different biological mothers — were legally adopted by five couples after a go-ahead from the court.

However, the oldest among the six, who was seven years old when he was rescued by the police, continues to be lodged at a children’s home for over three years. The petition of his “adoptive parents”, seeking his custody, was marred by delays and other legal hurdles.

The first legal hurdle, not faced by the other five couples, was that in this case since the boy’s biological mother is a Muslim and they are Hindus, the adoption process could not be completed as per the Hindu Adoptions and Maintenance Act. Their first plea, filed in 2020, had to be withdrawn as not maintainable.

“Since 2019, when he was taken away from me, we as a family have not celebrated a single festival. This Diwali, too, we awaited his homecoming. When he does return home, we will celebrate our Diwali,” said the 49-year-old woman, who has petitioned to adopt the boy.

The woman and her 52-year-old husband have said in their fresh plea before the court this year – filed through lawyer Siddharth Jagushte – that they got married in 1997 and were blessed with four daughters. They claimed that they did not intend on having another child but in 2011, a woman who had six children and was unable to take care of them due to her poor financial condition, approached them through her friend, seeking to give up custody of her son.

The couple has said that the boy was handed over to them when he was two-days-old. He lived with them till July 7, 2019, when the police came knocking on their doors. They have claimed that they were under the impression that legal formalities were completed before he was handed over to them. They had denied any exchange of money with the biological mother.

The police had booked the couple as accused in the case, with the man being arrested along with other “adoptive parents” in July 2019.

After the man was granted bail, the couple, along with the other five couples, moved courts seeking the custody of the children from the Child Welfare Committee (CWC). The CWC, citing it to be a criminal case, stated in August 2019 that it would set a wrong precedent and disallowed the couple’s plea, following which, they approached the Bombay High Court in September 2019.

In October 2020, the other five couples were granted custody and guardianship of the children by the city civil court. The court had then said that the adoptive parents had strong attachment, love and affection for the children and they would ensure that proper education is imparted to them. It had added that the welfare of the child “must be the paramount consideration”. This couple, however, could not get the custody.

Due to the Covid-19 pandemic, the couple’s right to visit the children’s home where the boy was lodged in 2019 was also stopped. The couple has since been allowed to visit him and also make video calls, twice a week for five minutes each.

“My daughters and I wait for the video calls with my son. But it has been very difficult to stay hopeful. He only asks us one question, ‘when will he return home’?” the woman said.

The boy, who has spent four years in the home, has a lot of questions to ask. One of the things he has been told is that he is at a boarding school and will soon return home.

An official from the home said that since the boy was old enough to understand that he has been separated from his family, he found it difficult to adjust initially. “He has made some friends now. He is allowed visits from his family and they make video calls regularly.”

The couple’s plea before the court stated that from 2011 to 2019, when the boy lived with them, they had taken very good care of him. “The petitioners have taken care of the child from his almost eight years and have ensured that the child gets proper food, clothing, shelter and education… they know his welfare,” the plea stated.

It added that other couples have already received custody of their children and only because of their religion, they cannot be deprived of getting his lawful custody. They alleged that it is a settled position of law that “de-institutionalisation” must be considered as an alternative while dealing with the best interest of a child.

The biological mother, meanwhile, had withdrawn a plea that had said she wanted the boy’s custody.

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