KOCHI: A man has approached the Kerala High Court seeking permission to keep custody of a 21-month-old adopted boy after authorities forced him to surrender the child owing to the unexpected death of his wife. The petitioner, a native of Kozhikode, said he was emotionally attached to the child as they adopted him when he was only six months old. "He is growing like my child, hence taking him back is not good for the well-being of the child. I need him and I can't live without him. I am bringing him up as my own child," said the petitioner.
Justice PB Suresh Kumar allowed the father to keep custody of the child, pending disposal of the writ petition. Meanwhile, the Union government counsel, appearing for Central Adoption Resource Authority (CARA), New Delhi, sought eight weeks time for informing their stand, hence the court directed the matter to be posted after eight weeks.
The petition filed by the parent through advocate Raghul Sudheesh stated that when his wife was alive, the couple had decided to adopt a child as no biological child was born out of their wedlock. As per the norms, the couple registered on the website of the CARA on August 9, 2017. After waiting for three long years in the queue, they matched with a male child and adopted him from the Society of Sisters of Charity Holy Angels Convent, Bangalore. However, unexpectedly, the wife of the petitioner passed away after a week of adoption.
Since the death of the petitioner’s wife, the child has been under the care and protection of the petitioner and his family. This was also informed to the society and child welfare committee, Kozhikode. However, since the adoption order was not received in due time, the petitioner contacted the society requesting to finalise the adoption proceedings. The petitioner was informed that the application was with the CARA for final disposal and it was likely to be disposed of without further delay.
On July 19, 2021, an officer of the Kozhikode District Child Protection Office attempted to forcefully take the child into custody stating that the office had received directions from CARA to take back the child from the possession of the parent. The action of the officer was without even giving an opportunity of hearing to the petitioner or any prior notice.
According to the man, he and his family have been taking care of the child in the best possible way. "The child has been accomplishing all milestones of his personal growth in the most favourable atmosphere," he said. Hence, the petitioner sought permission to keep custody of the child till the adoption process is completed.