adoption- want to file a petition

team lead

I had visisted an orphanage a yr back and there was this little baby who cannot be given for adoption, she needs to live the rest of her life in the orphanafe(that is what the orphanage people told me). She has a mother(unmarried ) and her mother is mentally ill. I wanted to adopt the baby and have been following up for  a yr but they tell me that only if her mother gives her consent then it is possible. Her mother is mentally ill how can she give her consent ? This little baby needs to live in the orphanage for no fault of hers. Can I file a petition that such children need to be given for adoption or atleast foster care. I really want to take this baby because the chances of her motehr recovering is thin, why should she suffer in teh orphanage. Someone pls help.

Total likes : 1 times

Reply Mumbai : 9820174108

1.  IF the biological mother is declared mentally unfit and IF there are no other relatives of the mother, THEN the HC  may be petitioned with the appropriate documentary facts and seek directions to the orphanage, to hand-over the child for adoption or care-taking upto majority.  The applicant/s may have to submit appropriate documentary proof of financial status, good conduct and undertaking to the above affect.

2.  It is true that a certified mentally retarded person cannot give any consent, BUT if there are other existing guardians / relatives of such person, then they have the first right over the child.

3.  IF you can manage to trace the relatives of the above unwed mother, THEN they can stake claim over the child for further growth of the child.  In such cases, whether relatives exists and are  willing, THEN even the orphange has to mandatorily trace such relatives and hand over the child to such relatives and here the orphange cannot retain the child in custody.

4.  Apart from sentiments & emotions (which are usually short lived), socially & logically it would be better to trace the unwed mothers family / boyfriend and arrange for them to take over custody of the child.  OF course, you may sponser the childs study and expenses, if you wish to retain the sentiments and emotions.

Keep Smiling .... Hemant Agarwal


team lead

Thanks a ton for the quick response. I did call the orphanage just after reading your reply. The care taker said there are totally 8 mothers who are mentally ill and their kids are in the orphanage. This particular child's mother has no relatives. I will follow up. Thanks again.




Your are not logged in . Please login to post replies

Click here to Login / Register  


Search Forum:


  LAWyersclubindia Menu