Calcutta HC orders CWC to return 3-year-old to couple despite adoption lapse
The Calcutta high court directed a Child Welfare Committee to return a three-year-old child. The committee had no legal basis to take custody of the child. The couple had been caring for the child since his birth in February 2023. The court noted the child was neither an orphan nor abandoned. The couple must now approach a court to establish their legal adoptive status.
The Calcutta High Court has ordered a Child Welfare Committee to return a three-year-old child to the couple who have been caring for him since birth. The court ruled that the committee lacked legal authority to take custody of the child. The child was born prematurely in February 2023 and remained in hospital for 25 days. His biological parents handed him over to the couple upon his discharge.
The couple executed a notarized adoption deed in April 2023. In February 2026, they approached the committee for adoption-related procedures before obtaining the child's birth certificate. The committee took custody of the child, which the couple contested. The court found that the adoption did not follow the required procedure under the Juvenile Justice Act and Adoption Regulations.
The court emphasized that the committee's powers apply only to children who are orphans, abandoned, or in need of care and protection. The court held that the child did not meet these criteria and that the committee's action was unlawful. The committee was directed to return the child to the couple by September 18, 2026. The court also ordered the couple to seek a declaration from a court that they are the child's adoptive parents.
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