BENGALURU: Expressing shock over an unregistered agreement entered into by a Muslim couple to adopt an unborn child of a Hindu couple, the Karnataka High Court said that such an agreement is “unknown to law”.
Terming it a case of adoption for money, a division bench of Justice B Veerappa and Justice K S Hemalekha upheld an order passed by a trial court in Udupi which had rejected a plea filed by the Muslim couple seeking directions to appoint them as the adoptive parents and guardians of a minor child, who is now two years nine months old, under the provisions of the Guardians and Wards Act.
The high court said that the agreement was entered into on March 21, 2020, five days before the birth of a girl child, whose mother had almost completed nine months of pregnancy. Thereby the appellants, both adoptive and biological parents, have violated the rights of the child.
Dismissing the appeal filed by the adoptive and biological parents of the child against the judgment of the trial court, the high court said that even ‘Mohammedan Law’ does not recognise such adoption. “It is shocking that an agreement is entered into between two parties with regard to an ‘unborn child’. It is for the District Child Protection Unit to take responsibility of all such cases. It is well established that an unborn child has a life and rights of its own, and the rights of unborn are recognised by law”, the court observed.
Child was sold in name of adoption, says HC
While the adoptive couple are aged 39 years and 33 years, the biological parents are aged 36 years and 32 years. If the biological parents came forward to give the child for adoption due to poverty, they could have surrendered the child to the authorities concerned with child welfare.
The government has introduced many schemes to overcome poverty. If they have self-confidence and respect, they can lead a family by taking loan from banks. The biological parents have instead sold the child in the name of adoption, which cannot be tolerated, the court said, directing the Child Welfare Committee to take appropriate steps if the biological parents approach them for the custody of the child.