Kerala

Child adoption case to take a legal turn

The raging controversy over the alleged kidnapping of an infant and the subsequent move to put the child up for adoption without the consent of the parents will take a decisive legal turn on Monday as a family court will consider the case.

The row over the ‘forced adoption’ of the baby hit the headlines after the young mother, a former SFI activist and the granddaughter of a CPI(M) State committee member, went public demanding the return of her child. She had also alleged that her consent to choose adoption for the baby was obtained through illegal means.

Incidentally, K. Biju Menon, the trial court judge, was scheduled to deliver his final order on the adoption on Monday.

In the changed circumstances where the mother has raised the plea that her consent for giving the baby in adoption was obtained through devious means, the court may have to take note of the new developments. The biological mother, who now demands her baby back, too can move the court to stop the proceedings through an impleading petition. However, it would be up to the court to decide on entertaining the petition, legal sources indicated.

The court may also have to consider the petition of the State Government and the Women and Child Development Department (WCD) to put the proceedings on hold as some complaints regarding the legality of the proceedings have been raised.

The inquiry report into the legality of the proceedings followed in the adoption would decide the fate of the case. It has to be ascertained whether the baby was abandoned or surrendered, as the proceedings to be followed in both the cases are different.

For surrendering the baby, the written and informed consent of the biological parents are required. The authorities also need to speak to the parents two months after initiating the proceedings to surrender the infant. These aspects could be decided only through detailed inquiry, legal sources indicated.

If the family court clears the adoption, the affected parties, including the mother and the WCD, may have to move the Kerala High Court against the decision, sources said.


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Printable version | Dec 6, 2021 5:32:04 PM | https://www.thehindu.com/news/national/kerala/child-adoption-case-to-take-a-legal-turn/article37151966.ece

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