Bombay High Court: Deciding on a foreign adoption petition filed by the petitioners for the adoption of two minors, the bench of of G.S. Patel, J., agreed to give the custody of children to the foreign adoptive parents and not the biological mother due to her indifferent behaviour towards the children.
In this case the two minors were found abandoned on 31st December 2012 by the Central Police Station, Ulhasnagar and were taken to central welfare committee which declared the children free for adoption. Subsequently, a Foreign Adoptive Petition was filed for the adoption of the two minors. While the petition was pending, the birth mother approached the Child welfare committee and demanded return of custody. At that time court was of the view that, though the biological mother had not stated to Court also why she did not even visit the children she claims custody of, nevertheless as she is a biological mother of the two children, the Court deemed it fit to allow her to take custody of the children but subject to certain safeguards that she must show improvement in her maternal behaviour towards the children before the children can be released to her. However, the mother did not bother to visit the children even once after the order was passed to meet them or to secure their release.
About five months later, on seeing the nonchalant behaviour of the biological mother towards the children, a second foreign adoptive petition was filed. On the basis of report prepared by Mr. Hareendran, the Scrutiny Officer of the ICSW and after meeting the children in person, the Court held that the children have already suffered too much and the petitioners can be trusted with their custody. Before allowing the adoption to the couple, the court also took into consideration their nature, qualifications, financial condition, family backgrounds and their relationship with each other. [Children Of The World (India) Trust and Roy Edward Roos, 2016 SCC OnLine Bom 2529, decided on 27.04.2016]
