A bench of justices BV Nagarathna and Augustine George Masih noted that a matter related to the Surrogacy Act is already pending in the top court.

The Supreme Court on Friday sought the response of the Centre on a petition challenging the bar under the Surrogacy Act that prevents married couples who already have a child from having a second child through surrogacy.

Issuing notice on a petition filed by a married couple, a bench of justices BV Nagarathna and Augustine George Masih noted that a matter related to the Surrogacy Act is already pending in the top court in a petition filed by IVF specialist Arun Muthuvel in which the amendments to the law barring single unmarried woman and homosexual couples are under challenge. The bench directed the matter to be heard on May 3.

Advocate Mohini Priya, who filed the latest petition, told the court that it challenges the constitutional validity of Section 4(iii)(C)(ii) of the Surrogacy (Regulation) Act, 2021, which makes an intending couple ineligible to avail of surrogacy if they have any healthy surviving child biologically or through adoption or surrogacy, thus excluding married couples suffering from secondary infertility.

“The choice of reproduction has been held to be a part of the right to life under Article 21 by the Supreme Court, and the said choices also fall within the right to privacy and that the Act severely regulates these rights, so much so, that the fundamental rights under Articles 14 and 21 stand defeated,” the petition said.

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.

Petitioner's ex-husband filed for divorce when she was 9 months pregnant & has never seen their son. She asks for exemption from consent requirement so her new husband can adopt the child.

New Delhi: A case involving a former couple has brought a pertinent legal issue before the Supreme Court on the question of consent by a former spouse if a parent and her current spouse want to adopt a child of the former couple. 

The petitioner, a Supreme Court lawyer, approached the top court demanding a direction to the registrar of birth and death in New Delhi to register the adoption deed by her and her now-husband, the child’s stepfather. 

She demanded that this adoption be allowed without her former husband’s consent, asserting that “the peculiar facts in the present case put the petitioner in an impossible situation to seek the requisite consent from her former husband”. 

Among other things, she pointed out that “the former husband has not seen the child even once till date, including the time of the birth”. Narrating the facts of her case, she highlighted the difficulty she faced in approaching her former husband, also a lawyer, for his consent for the adoption.

The Surrogacy Act was enacted to prevent the commercialisation of surrogacy. Our investigation uncovered a clandestine surrogacy racket operating with greater secrecy than organ trafficking.

Surrogacy has been a thriving business in India since the beginning of the millennium. However, unethical medical practices and the exploitation of surrogates have cast a shadow over the practice in the country, which once gained a reputation of being a 'rent a womb' haven for childless couples.

The commercialisation of the unregulated sector gave rise to "surrogacy tourism" as foreign couples flocked to India. This prompted the government to bring legislation to ban commercial surrogacy in 2021. However, clinics exploiting impoverished women and human trafficking for surrogacy have turned out to be a menace despite regulations.

To gauge the ground situation in such clinics, India Today spoke to many fertility centres in Delhi-NCR. A probe reveals that the illicit trade persists and its operations have merely shifted underground.

The reporter, under the guise of a woman looking for a surrogate mother, visited a fertility clinic in Gurugram. Here, the reporter gave her identity as 'Divya'. After being made to fill a detailed form, the reporter is then greeted by a coordinator or an agent at the clinic.

There is a misconception among people that children will be given for adoption through various hospitals in the State, say the Commission representatives

Andhra Pradesh State Child Rights Protection Commission (APSCRPC) has called upon all stakeholders to encourage only legal adoptions.

An awareness programme for gynaecologists, paediatricians, nursing, paramedical and other staff of King George Hospital (KGH) was organised jointly by APSCRPC and the KGH at the Ethics Gallery of the hospital on Tuesday.

Chairperson Kesali Appa Rao and Member Gondu Sitaram, CWC Chairperson MLR Radha, KGH Superintendent P. Sivananda, District ICDS Project Officer Jayadevi, Hospital Assistant Director Ch. Srinivas Kumar and CSRMO Dhavala Bhaskara Rao participated in the programme.

The ICDS PO gave a PowerPoint presentation on ‘official adoptions’.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.17967 OF 2023 (GM - RES) BETWEEN: 1 . SRI RAVI KUMAR C., AGED 43 YEARS, S/O CHANNIGARAYACHAR C., 2 . SMT. B. TANUJA AGED 42 YEARS, W/O SRI RAVI KUMAR C., BOTH THE ABOVE PETITIONERS RESIDING PERMANENTLY AT NO.34, GOPAL KRISHNA LAYOUT, VASANTHAPURA MAIN ROAD, SUBRAMANYAPURA POST, BEHIND SAMASTHA HOSPITAL UTTARHALLI BENGALURU – 560 061. ALSO AT NO.C4, TAJ VILLAS, GREVELLIA GROOVE, BROOKSIDE DRIVE, WESTLAN

Dusk at the Dawn : A Study of Unwed Mother in Odisha

Ms. Sunita Behera, Dr. Ranjita Behera

Women’s Studies Reserarch Center, Berhampur University, Berhampur

*Corresponding Author E-mail:  

1-IAP-20-2023.doc Vina Khapde (P.S.) IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 20 OF 2023 WITH JUDGE’S ORDER NO. 38 OF 2023 IN INDIAN ADOPTION PETITION NO. 20 OF 2023 Bal Asha Trust, Mumbai …Petitioner Versus 1. Ashu Singhal 2. Riddhi Singhal …Prospective Adoptive Parents / Respondents ---------- Mr. Rakesh Kapoor i/b. M/s. Rakesh K. L. Kapoor & Co. for the Petitioner. Mr. O. Hareendran, Scrutiny Officer, Indian Council of Social Welfare present. Mr. Dilip S. Gurav, Chamber Registrar present. Mr. Sunil Kumar Arora, Executive Director of Bal Asha Trust, Mumbai present. ---------- CORAM : R.I. CHAGLA J DATE : 25 January 2024 ORDER : 1. This Application is made by way of Affidavit dated 19th December 2023 which is taken on record. By the said Affidavit, the 1/7 2024:BHC-OS:1809 ::: Uploaded on - 01/02/2024 ::: Downloaded on - 06/02/2024 11:18:50 ::: VERDICTUM.IN 1-IAP-20-2023.doc relief has been sought with regard to annulment of Adoption order passed by this Court on 17th August 2023, and for directions to the Central Adoption Resource Authority (CARA) to re-register Ganesh @ Karthik Singhal (“the said male minor child”) as ‘Free for Adoption’ for identifying suitable prospective adoptive parents at the earliest. Further direction has been sought with regard to the investment of Rs.2,00,000/- which has been made in the said male minor child’s name for his benefit by the said adoptive parents as directed by this Court vide order dated 17th August 2023. 2. Mr. O. Hareendran, Scrutiny Officer has tendered the Report of the Indian Council of Social Welfare dated 16th January 2024 which is taken on record and marked ‘x’ for identification. 3. By order dated 17th August 2023, this Court had granted adoption of the said male minor child to the adoptive parents by Judge’s Order No.38 of 2023 in Indian Adoption Petition No.20 of 2023. This was pursuant to a joint Petition filed by the Specialized Adoption Agency (Petitioner-Institution) and the said adoptive parents. 4. Thereafter, the said male minor child’s physical custody 2/7 ::: Uploaded on - 01/02/2024 ::: Downloaded on - 06/02/2024 11:18:50 ::: VERDICTUM.IN 1-IAP-20-2023.doc was given to the adoptive parents after the adoptive parents had completed all due procedures under Adoption Regulations Chapter III. 5. In the said Affidavit dated 19th December 2023 filed and affirmed by Mr. Sunil Kumar Arora, Executive Director of Bal Asha Trust (Petitioner-Institution), it is stated that 5 months after the adoption Petition was allowed on 17th August 2023, the adoptive parents complained to the Petitioner-Institution about uncontrollable bad behaviour and habits of the said male minor child. 6. The Petitioner-Institution advised the adoptive parents to undergo counseling sessions in order to understand the said male minor child’s behaviourial issues better and try remedial measures to address the alleged behaviourial issues of the said male minor child. The Petitioner-Institution had informed all the concerned authorities i.e. the Central Adoption Resource Authority (CARA), State Adoption Resource Authority (SARA), District Child Protection Unit (DCPU), and Specialized Adoption Agency (SAA) who prepared home study report by email dated 19th October 2023 about the adoptive parents’ inability to keep and take care of the said male minor child. 3/7 ::: Uploaded on - 01/02/2024 ::: Downloaded on - 06/02/2024 11:18:50 ::: VERDICTUM.IN 1-IAP-20-2023.doc 7. Thereafter, as per the instructions of the PetitionerInstitution the adoptive parents underwent their first Counseling Session with the Counselor of Specialized Adoption Agency “Bharatpuria Shiksha Samiti” Ghaziabad, U.P. on 28th October 2023. In this counseling session, the adoptive parents informed that they observed the overeating behaviour of the said male minor child and found that the said male minor child was picking food from the dustbin etc. After this incident, they took the said male minor child to the pediatrician and the Doctor suggested few blood tests. They conducted all the blood tests and it has been revealed that the said male minor child has borderline levels of Leptin and Diabetes. Further, the Doctor opined that the said male minor child may be suffering from obesity and other health issues related to diabetes. The first counseling session and blood test reports have been placed on record at page nos.13 to 28 to the said Affidavit. 8. The second counseling session took place on 18th November 2023 and the Counselor found that the adoptive parents are not ready to keep the said male minor child as their own and take necessary remedial measures to rectify certain eating habits of child. The Counselor also found the adoptive parents do not have emotional bonding with the said male minor child, though the child is fond of 4/7 ::: Uploaded on - 01/02/2024 ::: Downloaded on - 06/02/2024 11:18:50 ::: VERDICTUM.IN 1-IAP-20-2023.doc the adoptive parents and their seven year biological daughter who is an elder sibling. The second counseling report has been placed on record at page nos.29-31 to the said Affidavit. 9. On 2nd December 2023, the said adoptive parents have executed an Affidavit stating interalia that “We have not bonded with the child, hence we would like to return the child”. In the said Affidavit, the adoptive parents have stated that they are ready to follow the CARA Regulations and orders of this Court and authorities for the dissolution of this adoption. The said Affidavit has been placed on record at page nos.32-35 to the said Petition. 10. Thereafter, the said male minor child was brought back to the Petitioner Institution on 18th December 2023 by the adoptive parents. 11. The Petitioner Institution by the said Affidavit is seeking annulment of the order passed by this Court on 17th August 2023 for the best interest of the said male minor child and permitting CARA and the Petitioner-Institution to commence the process of finding another adoptive home for the said male minor child in accordance with the procedure under the Adoption Regulations. 5/7 ::: Uploaded on - 01/02/2024 ::: Downloaded on - 06/02/2024 11:18:50 ::: VERDICTUM.IN 1-IAP-20-2023.doc 12. Having considered the averments in the said affidavit as well as the report of Mr. O. Hareendran, Scrutiny Officer, Indian Council of Social Welfare, dated 16th January 2024 which is marked ‘x’ for identification, I am of the considered view that it would be in the interest of the said male minor child that the adoption order dated 17th August 2023 is annulled and consequential reliefs sought for in the said Affidavit are granted. 13. In view thereof, the following order is passed; (i) The order dated 17th August 2023 which has allowed the Indian Adoption Petition No.20 of 2023 is recalled and adoption of the said male minor child is accordingly annulled. (ii) The Central Adoption Resource Authority (CARA) is directed to re-register the said minor male child as ‘Free for Adoption’ for identifying suitable prospective adoptive parents at the earliest. (iii) The investment of Rs.2,00,000/- which has been made in the said minor male child’s name for his benefit by 6/7 ::: Uploaded on - 01/02/2024 ::: Downloaded on - 06/02/2024 11:18:50 ::: VERDICTUM.IN 1-IAP-20-2023.doc the prospective adoptive parents as directed by this Court vide order dated 17th August 2023, shall be returned to the prospective adoptive parents. (iv) The adoptive parents are directed to return to the Petitioner-Institution all the original reports and/or any other original documents pertaining to the said male minor child immediately. (v) This order is passed in the disposed of Indian Adoption Petition No.20 of 2023. (vi) Parties to act on an authenticated copy of this order. [R.I. CHAGLA J.] 7/7 ::: Uploaded on - 01/02/2024 ::: Downloaded on - 06/02/2024 11:18:50 ::: VERDICTUM.IN

July 26 – District Child Protection Unit South Goa has issued a public notice stating that two children under their care will be declared legally free for adoption no persons comes forward to claim that they are their family members within 60 days.  Both are girls aged 7 and 9. The children’s parent/relatives whereabouts are not available, informed DCPU, South.  

https://www.volkskrant.nl/volkskrant-magazine/habtamu-de-hoop-ik-denk-dat-veel-vrienden-geholpen-zouden-zijn-met-onze-politiek-maar-zij-zullen-nooit-links-stemmen~b85d381f/?utm_term=Autofeed&utm_medium=Social&utm_source=Twitter&referrer=https://t.co/#Echobox=1721917980

The youngest member of parliament Habtamu de Hoop (GroenLinks-PvdA) is Frisian, whatever Johan Derksen may claim. His adoption is 'a beautiful story' and also entails a responsibility, he thinks. 'I felt that I had to do something with this happiness.'

Habtamu de Hoop was just able to grab one beer in the party tent on the Terp last night. A debate in the House of Representatives had overrun, he arrived later than he wanted in his familiar Frisian Wommels. The village festival lasts three days, green-yellow-red flags flutter on the facades, streamers are strung in almost all gardens – the uniformity betrays a lively, close-knit village culture.

Tomorrow, at the matinee, everyone will be dressed in a farm theme. The group of friends from De Hoop will be playing farmer golf. The men will be dressing up as farmers, with a red farmer's handkerchief and a flat cap. The women will be playing holes , a tuft of grass with a ring around it. 'Uh yeah', says the 26-year-old, laughing. 'That doesn't make any sense of course.'