In a significant ruling, the Madras High Court emphasized that merely submitting an application for adoption does not grant an individual the unilateral right to assume custody of a child. This decision underscores the necessity of adhering to established legal procedures to ensure the child's best interests are prioritized.
Case Background
The case involved a couple from Erode, Tamil Nadu—K. Savithiri, aged 47, and her husband, Ravi, aged 54—who had been married for two decades without children. On February 20, 2023, while traveling from Tirunelveli to Erode, they discovered a newborn female infant abandoned in the train's restroom. Seizing the opportunity to fulfill their parental aspirations, they took the child into their care.
Intervention by Child Welfare Authorities
The couple's custody of the child came under scrutiny when the Child Welfare Committee (CWC) received a complaint, leading to an inquiry on August 19, 2024. Despite the couple providing medical records and evidence of their care for the child, the CWC determined that their custody was unauthorized. Consequently, the child was placed in a children's home to ensure her safety and well-being.
Legal Proceedings
In response to the CWC's actions, the couple filed a habeas corpus petition, seeking the court's intervention to regain custody of the child. They highlighted their pending application with the Central Adoption Resource Authority (CARA) since 2022, arguing that their prior intent to adopt should favor their case.
Court's Analysis and Judgment
The division bench, comprising Justices S.M. Subramaniam and M. Jothiraman, deliberated on the matter. They acknowledged the couple's emotional bond and the care provided to the child. However, the court clarified that such factors alone do not entitle them to claim the child as their adopted daughter. The judges emphasized that the mere submission of an adoption application does not grant the right to unilaterally assume custody of a child.
The court further elucidated that the child's best interests encompass considerations of her future, which must be assessed through established legal procedures. This includes evaluating the prospective adoptive parents' capacity, mindset, family environment, and other pertinent factors. The judges stressed the importance of adhering to the procedures outlined in relevant statutes to ensure comprehensive assessments are conducted.
Implications and Directives
Dismissing the petition, the court stated that it could not directly order the child's adoption. Instead, it directed the relevant authorities to:
Ensure the Child's Welfare: The child should remain under the care of appropriate authorities, who are responsible for her well-being.
Trace Biological Parents: Efforts should be made to locate the child's biological parents to determine their intentions and rights concerning the child.
Assess Adoption Eligibility: If the biological parents cannot be found or are unable to care for the child, the authorities should evaluate the child's eligibility for adoption under the Juvenile Justice Act, 2015.
Follow Legal Adoption Procedures: Should the child be deemed eligible for adoption, the process must adhere to the protocols established by the Hindu Adoption and Maintenance Act, 1956, ensuring that all legal requirements are met.
Conclusion
This ruling by the Madras High Court reinforces the principle that the welfare of the child is paramount in adoption cases. It serves as a reminder that emotional attachment and good intentions, while important, cannot override the necessity of following due legal processes designed to protect children's rights and well-being. Prospective adoptive parents must navigate the established legal framework to ensure that all actions taken are in the child's best interests.
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