Adoption; Bombay HC Allows US Couple To Adopt Abandoned Siblings

The Bombay High Court on Wednesday, April 27, 2016 in Children of the World (India) Trust Vs. Roy Edward Roos has cleared the decks for adoption of two minors, who were abandoned by their biological mother in 2012, by a US-based couple.

Justice Gautam Patel, on April 27, after perusing the facts of the case and interviewing the minors — a boy aged nine and a girl aged seven — permitted the move.

“There are two minors, one male and one female, today aged nine and seven years who have, for the better part of their childhood, been footballed between their birth mother, one agency and another agency, been previously placed for adoption only to see that possible dream evaporate and have now been suggested for adoption again.”

the Court said.


The case dates back to December 31, 2012, when a girl aged three and a boy aged five were found abandoned by the Central police station, Ulhasnagar. They were taken to the Child Welfare Committee (CWC) at Thane and their custody was given to one Shejar Chhaya at Vasai. The CWC subsequently declared them free for adoption.

The children’s adoption was held up since 2013, as the biological mother, after initially abandoning them, sought their custody when the Child Welfare Committee (CWC) put the kids up for adoption by a Canada-based couple of Indian origin.

In 2014, the high court stayed the adoption process and allowed the biological mother to take her children. But, when the mother failed to do so and did not even meet them after the high court order, the CWC once again approached the HC and sought permission to allow adoption by another couple, who were based in the United States.

So, when the organisation identified a new couple -New York-based John, 54, and Julia Smith, 50 -the high court said the birth mother had “squandered her opportunity” and the court will not allow a repetition of the disappointment and trauma inflicted on the children.

“It is difficult to even begin to imagine the kind of trauma these young children must have suffered. After all they were not abandoned at birth, but at the ages of five and three, when they must have had at least some degree of awareness.”

the Order said.