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From: AsktheEU Team <team@asktheeu.org>
Date: Tue 6. Feb 2024 at 18:58
Subject: New response to your FOI request - Complaint related to Romanian Children File - 2002-2006
To: Arun Dohle <arundohle@gmail.com>
 

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The Supreme Court denied a 44-year-old single woman's surrogacy plea, citing the importance of preserving marriage in India and rejecting Western norms of children born out of wedlock.

The Supreme Court on Tuesday refused the plea of a 44-year-old unmarried woman to become a mother through surrogacy, saying that the institution of marriage must be protected and preserved in the country, and it cannot follow the model of Western countries where children are born outside of marriage.

A bench of Justices BV Nagarthana and Augustine George Masih stated that a single woman bearing a child outside marriage was the exception rather than the rule in Indian society.

According to the Surrogacy Regulation Act, only those women who are widowed or divorced and between the ages of 35 and 45 years can avail the surrogacy route. This means that a single unmarried woman is not allowed to become a mother through surrogacy.

"It is a norm here to become a mother within the institution of marriage. Being a mother outside the institution of marriage is not the norm. We are concerned about it. We are speaking from the point of view of a child's welfare. Should the institution of marriage survive or not in the country? We are not like Western countries. The institution of marriage has to be protected. You can call us and tag us conservative, and we accept it," the top court observed while hearing the woman's plea.

According to the Surrogacy Regulation Act, only those women who are widowed or divorced and between the age of 35 to 45 years can avail the surrogacy route. This implies that a single unmarried woman is not allowed to become a mother through surrogacy.

New Delhi: The Supreme Court on Monday (February 5) said that the institution of marriage needed to be protected unlike the West, where children are born outside of marriage, while hearing a petition on allowing surrogacy for unmarried women.

The bench, comprising Justices B.V. Nagarathna and Augustine George Masih, expressed its reservation while hearing the petition of a 44-year-old woman who approached the court seeking permission to become a mother through surrogacy, the Times of India reported.

According to the Surrogacy Regulation Act, only those women who are widowed or divorced and between the age of 35 to 45 years can avail the surrogacy route. This implies that a single unmarried woman is not allowed to become a mother through surrogacy.

“It is a norm here to become a mother within the institution of marriage. Being a mother outside the institution of marriage is not the norm. We are concerned about it. We are speaking from the point of view of (the) child’s welfare. Should the institution of marriage survive or not in the country? We are not like western countries. The institution of marriage has to be protected. You can call us and tag us conservative, and we accept it,” Justice Nagarathna observed.

Two cases of couples from Uttar Pradesh and Kerala wanting to return their adopted children have hit the headlines recently. Let’s look at the rules, what the courts said and why experts say ‘returned children’ are seemingly becoming a bigger problem

Two unusual cases have hit the headlines recently.

The first saw a couple from Uttar Pradesh seeking to return an adopted child.

The adoptive parents approached the Mumbai High Court in December saying they have not bonded with the child and complaining of the child’s ‘bad behaviour.’

The second witnessed a couple from Kerala in November also seeking to return a girl they had adopted in 2018 after their son passed away in a car accident.

The parents had sought to return the three-year-old boy to an orphanage after they reported that they could not bond with the child. The orphanage then approached the Court seeking a dissolution of the adoption.

The Bombay High Court recently annulled the adoption of a three-year old child after the adoptive parents informed that they were not able to bond with the child emotionally [Bal Asha Trust, Mumbai v. Ashu Singhal, Riddhi Singhal].

Bombay High Court Annuls Adoption Of 3-Year-Old As Adoptive Parents Seek Return, Citing Difficulty In Bonding

Raj Bhojani   

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• 05:27 PM, 05 Feb 2024
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Read Time: 03 minutes

The Bombay High Court has canceled the adoption of a child given to a couple in Mumbai. The couple had adopted this 4-year-old child just 5 months ago. The child was handed over to Bal Asha Trust from the police station. The child has a habit of overeating

Mumbai: Bombay High Court has canceled the adoption of a 4-year-old child in his interest. In August 2023, the court gave the child for adoption to a couple. The couple had adopted the child by filing a petition through Bal Asha Trust. After 5 months of adoption, the couple complained to the Trust about the child's uncontrolled bad behavior and habits. Also said that he has not been able to develop emotional attachment with the child, hence we want to return the child. For this they are ready to follow all the rules. Let us tell you that the couple already has a daughter. The trust has suggested counseling to the couple to understand the behavior of the child. So that necessary steps can be taken to improve the behavior of the child. Meanwhile, the Trust suggested adoption experts Central and State Adoption Resource, District Child Protection Unit to study the couple's house.

The aspect of the couple's inability to have a child together was examined. Counseling revealed the child's overeating behavior. The couple also talked about picking up food from the child's dustbin. Then the child was taken to the doctor. After blood test, it was found that the child was on the border line of leptin and diabetes. According to the doctor's opinion, the child may be suffering from obesity and other health problems related to diabetes.
 

The child was found at the police station

During counselling, it was revealed that the couple had no emotional attachment to the child, but the child had an attachment to them. With all the reports and the affidavit of the couple, the Trust had filed a petition in the High Court demanding cancellation of the adoption. The child given in adoption was found by the couple at NM Joshi Marg Police Station, which was handed over to Bal Asha Trust.

The case was heard before Justice Riyaz Chagla. During this time, after considering all the reports and affidavits, Justice Chagla canceled the order of adoption dated 17 August 2023. Also instructed the adoption agency to register the child for adoption again.

Tamil Nadu Social Service Society is an official organisation of the Tamil Nadu Catholic Bishops Conference

The Union Ministry of Home Affairs (MHA) has cancelled the Foreign Contribution Regulation Act (FCRA) registration of a Christian organisation — Tamil Nadu Social Service Society (TASOSS).

The non-governmental organisation (NGO) is the second Tamil Nadu-based Christian association whose FCRA registration has been cancelled 2024.

Tamil Nadu Social Service Society is an official organisation of the Tamil Nadu Catholic Bishops Conference

The Union Ministry of Home Affairs (MHA) has cancelled the Foreign Contribution Regulation Act (FCRA) registration of a Christian organisation — Tamil Nadu Social Service Society (TASOSS).

The non-governmental organisation (NGO) is the second Tamil Nadu-based Christian association whose FCRA registration has been cancelled 2024.

The project aims at giving underprivileged children separated from their parents the experience of being part of a family. Children aged between six and 18 years are considered for the programme

M.P. Praveen

The District Child Protection Unit (DCPU) has initiated steps for sending selected children from childcare institutes on two month-long vacation foster care (VFC) this summer.

The programme aims at giving underprivileged children separated from their parents the experience of being part of a family even if only for two months. The DCPU has invited applications from interested families, including single parents.

Last year, out of the 15 applications received for VFC, 12 children were assigned to families. While one child was sent back by a family owing to adjustment problems on part of the child, the other two families were not able to find children in their preferred age group. Children aged between six and 18 years are considered for VFC with families often preferring younger children.