Adoption procedures: HC urges humane consideration

Kochi: The procedure for adopting a child must be approached with empathy, humane consideration and a holistic perspective that resonates with the anxiety of an adoptive couple, rather than adhering strictly to procedural rigidity and pedantic interpretations, the HC has stated.

"Matters involving children cannot be confined to the four corners of legal technicalities; they demand a compassionate and progressive approach that prioritizes the child's best interest," added the bench led by Justice C S Dias. The bench made these remarks in response to a petition filed by a couple challenging the decision of the Central Adoption Resource Authority (CARA) to bar them from adopting a child for one year. The bench set aside this decision and directed the Authority to give the petitioners another opportunity to adopt a child as per the law, within a month.

The petitioners, who had previously adopted a five-year-old boy, approached CARA in 2021 to adopt a girl child. They registered on the designated portal, ‘Child Adoption Resource Information and Guidance System' (CARINGS), and after a four-year wait, were provided the details of a girl child for adoption on Nov 11, 2024. They were required to reserve the child within 48 hours. However, the necessary study and medical reports, which are mandated by law, were not attached to the child's details. The petitioners contacted the authorities, and the reports were provided a day later. By the time they attempted to reserve the child, the details had been removed from their dashboard due to the lapse of the 48-hour window. As a result, they were debarred for a year, which led them to approach the high court.

The court noted that the decision to debar the couple, due to the absence of the mandated reports, was arbitrary. It emphasized that the case was not a commercial dispute requiring strict adherence to timelines but rather involved an adoptive couple's deep and enduring desire for a child, which had caused them significant anguish for the past four years.