The Bombay High Court has permitted a couple to resume pre-adoption foster care of a child they had earlier surrendered during a period of emotional distress faced by the wife, holding that the child’s welfare and best interests must guide the decision.
In an order dated October 13, Justice Ashwin D Bhobe allowed the couple’s application after considering a psychiatric assessment confirming the wife’s fitness to care for herself and the child. The court also imposed safeguards to ensure the child’s continued well-being.
The court observed that the child had developed an emotional attachment to the couple during their earlier period of foster care. It found that the husband’s decision to surrender custody, prompted by concern for the child while his wife was experiencing a difficult phase, appeared to have been made hastily but in good faith.
The High Court further noted that no allegation had been raised suggesting that the child suffered harm or inconvenience while living with the couple.
Court Orders Safeguards for Child’s Welfare
While restoring pre-adoption foster care, the court directed the couple to submit affidavits from two close relatives or family members undertaking to assume responsibility for the child if an unforeseen situation arises.
The court also instructed Matruchhaya, a Specialised Adoption Agency in Goa, to furnish the couple’s Home Study Report and six-monthly follow-up reports concerning the child in accordance with adoption regulations.
The Department of Psychiatry at CPR Hospital, Kolhapur, had examined the wife and submitted its assessment of her ability to care for herself and the child. The report did not identify any threat to the child from the couple.
The court considered these findings alongside the circumstances in which custody had previously been surrendered and concluded that restoring foster care would serve the child’s interests under the Juvenile Justice (Care and Protection of Children) Act, 2015.
How the Adoption Process Began
The couple had initiated the adoption process through an agency registered with the Child Adoption Resource Information and Guidance System.
A social worker from Matruchhaya visited their residence on June 2, 2024, conducted an assessment and submitted a favourable report.
The child, born on February 2, 2024, was declared legally free for adoption by the Child Welfare Committee (CWC) on January 20, 2025. The couple were also found eligible and suitable to adopt.
Following an online referral on April 16, 2025, the child was placed in pre-adoption foster care on April 28. The couple completed the necessary agreement and took custody on April 30, 2025.
A subsequent home visit on September 19, 2025, found the child healthy, properly nourished and vaccinated. The social worker reported that the child was receiving treatment from a paediatric specialist and had formed an emotional bond with both prospective adoptive parents.
The assessment also recorded that family members had adjusted well to the child’s presence and were happy with him.
Family Bereavement Led to Surrender of Custody
Following the death of her mother-in-law, the wife experienced persistent low mood, disturbed sleep and appetite, reduced interest in daily activities and difficulty concentrating at work.
Concerned about the child’s care during this period, the husband approached the District Court through an affidavit-cum-application seeking to surrender custody to the District Probation and After Care Association.
The District Court directed that the child be produced before the CWC, following which custody was handed over to the association.
The couple subsequently sought restoration of foster care, maintaining that the earlier surrender had been a temporary measure necessitated by exceptional family circumstances.
Advocate Rajesh Kachare, representing the couple, submitted that the wife had recovered from the emotional impact of the bereavement and was now capable of caring for the child.
Association Seeks Medical Monitoring and Family Support
Advocate Pallavi Thorat, appearing for the District Probation and After Care Association, requested safeguards in the event the court decided to return the child to the couple.
These included affidavits from two close relatives or family members promising to care for the child if necessary.
Thorat also sought physical and mental health assessments of the couple and six-monthly mental health reports concerning the wife to be submitted to the association.
After examining the medical assessment and other material, the High Court allowed the application and restored pre-adoption foster care, subject to the safeguards it directed.
The couple also expressed their willingness to donate ₹1 lakh to the District Probation and After Care Association. The court permitted the contribution and directed that the money be used for the welfare of another needy child in the association’s custody.
