Ruling that illegal adoption cannot be validated under any circumstances, the Telangana High Court has dismissed a writ petition seeking the return of a two-year-old girl to a couple who had adopted the child without following due legal adoption procedures.
Justice T Madhavi Devi’s judgment of January 28, while acknowledging the couple’s claim that the child was being well taken care of and has already developed a bond with them in the last two years, held that bypassing official procedures to allow an “out-of-turn” adoption of the child as pleaded would “amount to and lead to a prescription for illegal adoptions…and encourage child trafficking in the country.”
The petitioner, Muthineni Venakanna, and wife, unable to have biological children, tried for legal adoption, but their application has been pending for several years. Meanwhile, in May 2023, they came to know of a one-month-old girl available for adoption through an intermediary named Nakka Yadagiri. The couple adopted the girl as their own, although illegally, and had been taking good care of her since then.
The petitioner contended that Nakka Yadagiri was booked on charges of child trafficking, and the child in the petitioner’s custody was detained in June 2025 and forcibly taken away by authorities without any notice and lodged in a children’s home in Nalgonda town. The names of the petitioner and his wife have also been added as accused in the FIR. They argued that the child was suffering severe mental agony after being separated from them, and pleaded with the court to return the child to them for adoption legally.
The Government Pleader for Women Development and Child Welfare submitted that Yadagiri was involved in child trafficking and was involved in the sale of several children. She further submitted that there were established procedures through the Central Adoption Resource Authority (CARA) for legal adoption and that the petitioner, having applied, should wait for their turn.