Calcutta HC: CWC Adoption Quashed, Biological Mother's DNA Claim Ignored

• The Calcutta High Court on August 6 quashed an adoption clearance granted by the West Bengal Child Welfare Committee (CWC) for an infant.
• Justice Krishna Rao ordered the adoptive parents to surrender the child to the CWC by August 7 for a fresh inquiry.
• The CWC's order, dated November 18, 2024, was set aside because it failed to give the biological mother an opportunity to be heard before declaring the baby abandoned.
• The infant was found abandoned and injured in a drain in 2024, after which both a man and a woman claimed to be the biological parents.
• The CWC had taken custody of the child and placed him with an adoption agency due to initially disputed parental identity.

This ruling underscores the critical importance of due process, particularly regarding biological mother rights adoption India.

A recent ruling by the Calcutta High Court on August 6 has overturned an adoption clearance previously granted by the West Bengal Child Welfare Committee (CWC) for an infant. The court's decision mandates the adoptive parents to return the child to the CWC by August 7, initiating a fresh inquiry into the matter. This case centers on a newborn discovered in 2024, abandoned and injured within a narrow passage near a building. Local residents played a crucial role in the infant's rescue, transporting him first to the police and subsequently to a hospital for medical attention.

Following the child's discovery, both a man and a woman came forward, each claiming to be the infant's biological parent. The man presented himself at the police station, asserting his paternity, while the woman arrived at the hospital, identifying herself as the mother and stating she had given birth to the child at her residence. Given the initial dispute over the child's identity, the CWC took custody of the infant once he was discharged from the hospital, placing him with a specialized adoption agency. The biological mother subsequently approached both police and hospital authorities, seeking official recognition of her claim.

Justice Krishna Rao, presiding over the Calcutta High Court, delivered the pivotal judgment that set aside and quashed the CWC's order, specifically referencing the committee's decision dated November 18, 2024. The core of the court's reasoning highlighted a significant procedural irregularity: the West Bengal Child Welfare Committee adoption process had failed to provide the biological mother with an opportunity to be heard. This omission occurred before the CWC declared the baby "abandoned" and subsequently cleared him for adoption. The court explicitly stated that "Considering the facts and circumstances mentioned above, the decision of the Child Welfare Committee dated 18th November, 2024, is set aside and quashed and consequently, all actions with respect to the custody of the minor, is also set aside and quashed."

This ruling underscores the critical importance of due process, particularly regarding biological mother rights adoption India. The Calcutta High Court adoption quashed the CWC's clearance precisely because the committee had overlooked the mother's claims and denied her a fundamental right to present her case. This CWC procedural irregularity adoption decision by the High Court emphasizes that even in cases where a child is initially found in distress, the rights of potential biological parents cannot be summarily dismissed without a proper hearing. Justice Krishna Rao's adoption ruling effectively halts the adoption process to ensure a thorough and fair investigation, acknowledging the mother's persistent efforts to be recognized as the child's parent.

This Calcutta HC CWC adoption ruling serves as a stark reminder of the stringent procedural requirements placed upon Child Welfare Committees in India. The decision by Justice Krishna Rao adoption ruling reinforces that CWCs must conduct exhaustive inquiries and afford all parties, especially biological parents, a fair opportunity to be heard before making life-altering decisions regarding a child's custody and future. The West Bengal Child Welfare Committee adoption process, in this instance, was found wanting due to its failure to engage with the biological mother's claims, despite her active pursuit of recognition from authorities.

The case highlights the delicate balance between ensuring a safe and stable environment for abandoned children and protecting the fundamental biological mother rights adoption India. When a CWC procedural irregularity adoption occurs, as seen here, it can lead to significant legal challenges and emotional distress for all involved. The Calcutta High Court adoption quashed the clearance not to deny the child a home, but to rectify a serious lapse in due process, ensuring that the declaration of "abandoned" is made only after all avenues for identifying and hearing biological parents have been exhausted. This judgment will likely prompt greater scrutiny of CWC orders and procedures nationwide.

This ruling underscores the critical importance of due process and thorough investigation by Child Welfare Committees, particularly regarding the rights of biological parents, even when a child is initially deemed abandoned. Lawyers advising on adoption or child custody in India should scrutinize CWC orders for procedural compliance and be prepared to challenge decisions where biological claims or DNA evidence have been overlooked.

Source: Original reporting via legal news source.