Bombay High Court raps CWC for “illegally” taking custody of child from adoptive parents

The Court acknowledged that the adoption deed was defective in law Since ‘merely notarizing it does not amount to valid adoption’ under HMA and that Central Adoption Resource Authority’s procedures under the JJ Act had not been followed.

However, it underlined that the biological parents who were present in court had accepted that they gave the child up for adoption with consent.

“The child before us cannot be termed as ‘orphan’ or ‘abandoned’ and does not fall in the category of ‘children in need of care and protection’ as defined under Section 2(14) of the Juvenile Justice Act of 2015,” the Court held.