The Family Court, Thiruvananthapruam, has sought a report from the State government whether the Kerala State Council for Child Welfare (KSCCW) has valid license to function as a specialised adoption agency.
The court also called for a report whether the council followed the mandatory legal procedures while dealing with the baby of the young mother, who complained that her child was given in adoption against her will.
The council had courted controversy following the allegation of the mother that the agency abetted the adoption process, which was carried out by illegally obtaining her consent.
In his order on Monday, the Family Court judge, K. Biju Menon, sought to know whether the council gave a declaration to the State Adoption Resource Agency that there were no claimants for the child after publishing its details in leading newspapers. The court also sought copies of the newspapers in which the details of the child were published.
The court wanted the State to submit an affidavit whether the council reported the case of the child in question to the Missing Persons Bureau of the police or the National Tracking System for Missing and Vulnerable children as mandated by the Kerala Juvenile Justice (Care and Protection of Children) Rules, 2014. The court wanted to know whether the council had submitted a copy of the report, which it should file before a police station concerned, before the Child Welfare Committee (CWC), Thiruvananthapuram, on the baby. The court also sought a copy of the police report.
The judge noted that the CWC could decide on the DNA test to conclusively determine the biological parentage of the baby. The proceedings in the court should not deter the CWC from re-examining the adoption procedures related to the baby as no final decision was taken in the case. The CWC can also adjudicate whether the baby was abandoned or surrendered as there was no mention about it in the application filed by the KSCCW before the court, the judge noted.
The court felt glad on the positive stand adopted by the state government in the sensitive matter.
The court has posted the case for November 11.
