The baby boy, who was given in pre-adoption foster care to a couple from Andhra Pradesh, was reunited with his biological mother on Wednesday following a court order.
On a day marked by high drama, the Family Court, Thiruvananthapuram, ordered the release of the baby to his biological mother after “dropping and summarily dismissing” the adoption proceedings.
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K. Biju Menon, the Family Court judge, had advanced the proceedings in the case and passed the order by evening considering the plea of the State. The case was originally scheduled to be considered on November 30.
The infant, who was brought to the chamber of the judge, was handed over to his biological mother after her identification records were verified. The judge issued the order considering a suggestion from the Public Prosecutor P. P. Hakkim that the child shall be handed over to hiss mother through the court.
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In its order, the judge had noted that the adoption proceedings were initiated in the case on the premise that the “child was abandoned and his biological parents could not be found.”
The judge sidestepped the various allegations raised by the biological mother as he felt that those aspects were not necessary for the proceedings at hand.
The court noted that the issue whether the Kerala State Council for Child Welfare, which gave the baby in foster care, has a valid license for adoption does not “linger any more” as the Council had produced a copy of the Certificate of Recognition for Adoption issued under the Rule 23 (2) of the Adoption Regulations, 2017.
The certificate is valid from March 12, 2019 to March 11, 2024, the court noted.
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Earlier, the Child Welfare Committee had recalled and cancelled the Legally Free for Adoption certificate it had issued for the baby. The “finding was arrived at on the basis of the DNA test, which confirmed that Anupama S. Chandran and B. Ajith Kumar are the biological mother and father of the child,”the court noted.
N. Sunanda, the chairperson of the Committee, had also appeared before the court during the proceedings.
The court, which had given the baby in foster care, decided to take a re-look at the proceedings as the biological mother filed an application requesting that the proceedings be put on hold. The mother contended that the child, born on October 19, 2020 in her marital relationship, was entrusted to her parents for temporary custody. However, it was later found that they handed over the baby to the Kerala State Council for Child Welfare for adoption.
The Member Secretary of the State Adoption Resource Agency too had approached the court stating that a lady claiming to be the biological mother had come forward objecting to the adoption proceedings.
