The court emphasizes the principle of the best interest of the child in adoption cases while recognizing procedural shortcomings in transitioning custody to adopting parents.

ORDER :

In this writ petition, the petitioners are seeking a writ of mandamus to set aside the order dated 09.12.2024 and publication dated 10.12.2024 by respondent No.4 as illegal, arbitrary and passed without considering the CARA application dated 27.08.2024 and common order passed in W.A.No.1193 of 2024 and consequently, to direct the respondents to hand over the child Adavi Naga Venkata Dhruva to the petitioners and to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of the present writ petition are that petitioners herein are the husband and wife and claim to be adoptive parents of the child by name Adavi Naga Venkata Dhruva. It is submitted that the petitioners were married on 22.08.2010 as per the Hindu Rites and Customs, but they did not have any children out of their wedlock and therefore, had approached various hospitals and Fertility Centers for children, but they did not succeed and when they started searching for a child through private channels, one Dr.Shobha Rani, had informed the petitioners that a new born baby boy was available for adoption and immediately, they have taken the child in adoption. They have stated that the baby boy was unclaimed and his biological parents were untraceable and that the petitioners have performed Datta Homam, Navagraha Japam, Agnisakshi Datta Sweekara Pooja as per Hindu Rites and Customs and named the child as Naga Venkata Dhruva in the presence of family members and relatives. It is submitted that the petitioners have taken proper care of the child and have also got regular medical checkups and necessary vaccinations done by consulting a reputed children’s specialist doctor. It is submitted that the petitioners have enrolled his birth with Ghatkesar Municipality and obtained Birth Certificate of the adoptive son and have also purchased gold ornaments and plot in his name and have celebrated his birthday on 17.04.2024 in a grand manner in the presence of close relatives. It is submitted that the child was taken away on 23.05.2024 without following due procedure and without informing the petitioners about the reasons for the same and therefore, the petitioners filed W.P.No.1963 of 2024 questioning the action of the respondents and that the same was allowed and thereafter, a W.A.No.1193 of 2024 and batch was filed and the Division Bench of this Court, vide common order dated 28.11.2024 had observed that the respondents have not followed the procedure prescribed in Sections 36 , 37 and 38 of the Juvenile Justice Act, 2015 and had directed the competent authority to decide the applications filed by the petitioners therein for adoption, but without considering the said representations/applications, the respondents have passed the order dated 09.12.2024, holding that the children are ‘legally free for adoption’ and challenging the same, the present writ petition has been filed.

3. Learned counsel for the petitioner has advanced various arguments and while Learned Government Pleader for Women Development and Child Welfare has relied upon the averments made in the counter affidavit and submitted that the child has been purchased by the petitioners and since money is involved, it is the case of a child trafficking. It is further submitted that identity of the mother is not known and the guidelines under the CARA have not been followed for taking the child in adoption and therefore, the petitioners’ claim for the child cannot be entertained. Though detailed arguments were advanced by both the parties and the matter was reserved for orders on 29.10.2025, some of the petitioners have approached the Hon’ble Supreme Court by way of