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Raj (adverrtising)     17 June 2008

Adopted child being claimed back - Traumatised Parents need answers

My wife and I have adopted a 3 month old child. The child is now 7 months old. He was abondoned by his mother exactly 4 hours after delivery as her husband had an accident and is paralysed for life. They already have 2 children and looking after a third was not an option. The doctors attending to this lady are family friends and therefore they called us ( we have been childless for 5 years due to my wife's uterine surgery). We adopted the child and they issued hospital papers that show it was my wife who delivered the child. We also have the Tashildar affidavit confirming the birth and name etc. Now, the child's aunty ( father's sister) has approached the doctors and is claiming the child back as she wants to raise the child. She may even coerce or force the mother to claim the child back. Given this scenario where do I stand if it comes before the law. Please give me answers as I am seriously traumatized and we love our child very much.


 11 Replies

amit gupta_lawyer (lawyer)     18 June 2008

certainly u have not adopted the proper legal channel for adoption and there is also no  return consent of mother with u for adoption and if this matter is taken to court then certainly it would be difficult to succeed  on the given facts.     however  if  u  try  to complete the paper formality by convincing the real mother of child then there could be the proper safe guard.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 June 2008

Well if you follow the procedures now there will still be defficulties.

Why you want to carry a life long problem which will trouble you as well the child when grown up.

I do not think that it is that simple that the child is being demanded back for affection only. They may have intention of some demands from you knowing your postion and problems.

The best way is call the bluff. Return the child , be careful to create proper records , so no problems in future.

There are number of Govt sponsered institutions in India practically in every imp city from where you can adopt legally a child.

Go and do it.

You will remain peaceful for rest of your life., and will do justice to the adopted child.

K.C.Suresh (Advocate)     21 June 2008

Your case is not of a legal adoption. It is a case of forgery, manipualtion and cheating. You have crimilnaly conspired with hospital authorities and created documents which you have knowledge that it is not genuine. The IPC sections attracted are 420, 471 and 465 and 120B . You have abetted manipulation in the revenue office and crated document in your favour. These are all offences which may convict you, your wife and others. These are consequences if the offence was revealed and proved. if it is not so reveled the best course is to keep the child as yours on the strength of documents in favour of you. 

Alpika (Freash Lawyer)     22 June 2008

This is not a case of legal adoption so if the matter goes toward court this may create problem for you so it is better for you to make your adoption valid and make all necessary legal documents with the consent of real mother of such child.If you will do so no one can prove your adopting proceeding as an invalid one.

Srinivas.B.S.S.T ( Advocate)     22 June 2008

right said my friends. There is test called DNA test which wil prevail over the false hospital records you have

arunprakaash.m. (advocate)     23 June 2008

In your case no DNA is required. You have not followed the rules of valid adoption. The mother of the child has every right to recall her child from you. It is better to surrender the child to its biological mother.

Srinivas.B.S.S.T ( Advocate)     24 June 2008

i refered DNA test because our friend is in false implication that he can getaway by showing the hospital records.

rajvinder (lawter)     28 July 2008

it is not a valid adoption as per law .you have not adopted a child but have taken in custody only for his /her welfare. certificates issued by the hospital can be proved as forged.court may also take the assistance of dna test for proving the parentage of child.so you give the child back to her mother with legal documents .

ritu bhadana (advocate)     02 April 2009

i agree with all my ld. friends it is not a legal adoption so it will be in your favour that you better hand over the child back.

Prabhat Kumar (Advocate)     06 April 2009

The best way is to convince the child's mother and go for a proper adoption procedure. If the case will go in the court of Law not only you have a slim chance but also you are guilty of getting some certificates which are wrongly issued and in that case the service of both the officials, i.e. the doctor and the tehesildar will be in jeopardy.

P.Bashista (Advocate)     10 April 2009

Sometimes in life we do things which are morally or emotionally right to do, even in the eyes of the society but not in the eyes of the Law, as the law has laid down proper procedure in such cases to be followed and give it a legal identity and protection.

As it seems in your case, you are emotionally correct but not legally. If you realise, law has laid down such procedure, specially  to save people from facing a situation, which like you are facing today.

So in this situation I totally agree with Mr. Prabhat Kumar that you should first try your level best to convience mother of the child and re-do the proper adoption process.

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