SC orders return of four infant girls to adoptive parents
The apex court, invoking its extraordinary powers under Article 142 of the Constitution, set aside a Telangana High Court order that had directed CWC to retain custody until statutory adoption procedures were completed.
A bench of justices BV Nagarathna and KV Viswanathan noted that the children, aged between a few months and three years, had been living with their adoptive parents long enough to form strong emotional bonds, and that uprooting them would be contrary to the 'best interest of the child' principle enshrined in the Juvenile Justice (Care and Protection of Children) Act, 2015.
The case arose after the Telangana police took custody of the four children in May 2024 and placed them with CWC, citing non-compliance with the adoption procedures under the 2015 Act. The adoptive parents challenged the action, claiming their adoptions were valid under the Hindu Adoptions and Maintenance Act, 1956.
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In one case, a couple adopted a nine-day-old baby girl in March 2024 while in another, a two-day-old girl was adopted in November 2021. A third adoption involved a 20-day-old baby girl in January 26, 2024, and in the fourth case concerned a two-day-old baby girl, adopted in January 2024.
While a single judge of the high court had earlier held that the 2015 Act did not apply to these cases and ordered that the police action was illegal, a division bench overturned that decision in November 2024. This bench stressed that statutory requirements under Sections 36, 37, and 38 of the 2015 Act, covering inquiry, CWC orders and the declaration of a child as legally free for adoption, had not been met, and directed CWC to complete the process before granting custody.
The Supreme Court, however, took a different view, stressing that institutionalisation should be a measure of last resort and that restoration to a family environment, wherever possible, is preferable. 'This is in the interest of the children owing to the bonding between the 'adoptive parents' and the respective children,' the bench said, also citing the principles of family responsibility, safety, and repatriation laid down in the 2015 Act.
Ordering that custody be restored to the adoptive parents by August 14, 2025, 5pm, the top court also put in place safeguards. The state legal services authority or district legal services committees will monitor the welfare and progress of the children through quarterly reports from November 2025 onwards. Child welfare experts may also be deputed to inspect the homes to ensure the children's well-being.
The bench clarified that the order was passed in the peculiar facts of the case to 'do complete justice' and should not be seen as diluting statutory adoption procedures. 'We have passed the aforesaid order in the best interest of the children concerned… as they have been with their adoptive parents for a few months up to three years in these cases,' the judgment stated.
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