Case Note & Summary
The case involved an appeal by St. Theresa’s Tender Loving Care Home and others against the State of Andhra Pradesh regarding the adoption of a child named Sahiti. The appellants, a registered society, sought to arrange for the adoption of Sahiti by two residents of the U.S.A., who had previously adopted a son and wished to adopt a female child. The child was relinquished by her unmarried mother due to social stigma, and the appellants claimed to have cared for her since her relinquishment. However, the State resisted the adoption, citing concerns over child trafficking and the authenticity of the relinquishment deed, which was found to be fabricated. The Family Court dismissed the adoption application, noting that Indian parents had refused to adopt Sahiti due to her health issues, which were later contradicted by a child study report. The High Court affirmed this decision, emphasizing the need for genuine efforts to find Indian parents for adoption before considering inter-country adoption. The Supreme Court dismissed the appeal, highlighting the importance of child welfare and the need for stringent regulations to prevent child trafficking. The court reiterated that adoption should only occur after exhausting domestic options and ensuring the child's best interests are prioritized. The appeal was dismissed with no orders as to costs.
Headnote
A) Family Law - Adoption - Validity of Relinquishment Deed - Family Courts Act, 1984, Section 19(1); Guardians and Wards Act, 1890, Section 47 - The court upheld the rejection of the adoption application based on a fabricated relinquishment deed and lack of genuine efforts for domestic adoption. The Family Court and High Court found no merit in the claim of the appellants, affirming the need for stringent checks against child trafficking (Paras 1-8).
Issue of Consideration
Whether the appellant should be permitted to arrange for the adoption of a child named Sahiti by foreign residents.
Final Decision
The Supreme Court dismissed the appeal, affirming the decisions of the Family Court and High Court, emphasizing the need for stringent checks against child trafficking and the importance of prioritizing domestic adoption.
Law Points
- Child welfare
- adoption regulations
- relinquishment deed validity
- inter-country adoption
- child trafficking prevention
