Bombay High Court Annuls Adoption After Parents Fail to Bond with Child

In a significant decision, the Bombay High Court annulled the adoption of a minor boy following the adoptive parents’ admission of failing to establish an emotional bond with him. Justice R I Chagla, presiding over the case, rendered the judgement last month after the Bal Asha Trust petitioned the court. The adoptive parents had approached the trust, expressing concerns over the child’s “uncontrollable bad behaviour and habits.” In response to their plea, the court decided that it would serve the child’s best interests to annul the adoption order issued on August 17, 2023, thereby directing the Central Adoption Resource Authority (CARA) to promptly re-register the child as ‘free for adoption’ to find more suitable prospective parents.

The case came to light after the adoptive parents, despite attending counselling sessions recommended by the Bal Asha Trust to address and understand the child’s behavioural issues, reported a lack of emotional connection with him. The child, whose age was not disclosed, reportedly showed affection towards the adoptive parents and their biological daughter. However, the adoptive parents’ affidavit to the court stated their decision to return the child, citing the absence of a bond as the primary reason.

The Bombay High Court’s order not only facilitated the annulment but also included directives for the adoptive parents to reimburse an investment of ₹2 lakh made for the child’s benefit and to return all original reports and documents concerning the child to the petitioner-institution. This decision underscores the legal and emotional complexities surrounding adoption and the paramount importance of the child’s welfare in such proceedings.

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