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sneha jaiswal   26 May 2021

Legal aid

Hello, Learned Counsel!

My neighbour had adopted a child of two years. They love him a lot. But after few years, on his sixth birthday, my neighbours told him that ‘you are an adopted child and we love you a lot’. After he got to know that he was an adopted child. He started hating his adopted parents and don’t want to live with them anymore. And, started pretending to the other neighbours that his adopted parents started harassing him. So, other neighbours reported to the police station and requesting authorities to take him back from the adopted parents. What is the legal remedy available to the parents? 


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     29 May 2021

once the adoption order has been granted, the biological parents have no legal ties with the child.

the only way a birth parent could reclaim custody of an adopted child is by proving to a court that the decision to sign the relinquishment document was done under fraud or duress. In most cases a court will automatically deny custody to a birth parent when their parental rights have been terminated.

When the adopted child turns 18 years old, or is at the age where they are considered an adult, they are allowed to register with state and national reunion registries and access their adoption records to try to locate and reunite with their birth parents. Many adoptees seek out their birth families.

The child being a minor cannot go to his biological parents ignoring the fact of his legal adoption by his adoptive parents, on his own and it would not be legally valid, the adoptive parents would be held responsible if something happens to the adopted child in this process of changing into the original parents.

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