The Hindu : New Delhi News : Court directive on adopted child

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Friday, Nov 23, 2007
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Court directive on adopted child

Staff Reporter

“Baby purchased through placement agency”

Baby adopted in violation of the law, says NGO
Conceived by minor following sexual assault

NEW DELHI: The Delhi High Court on Wednesday directed a couple here to hand over their adopted child to the Delhi Government’s Child Welfare Committee after a non-government organisation brought to its notice that the baby had been handed over without following the established procedure under the law.

The NGO, Nirmal Chhaya, had challenged in the High Court an order by a Metropolitan Magistrate’s court approving the adoption. It submitted that the couple had actually purchased the baby boy from its mother through a placement agency.

It submitted that the mother, a minor, had conceived the child following a sexual assault on her. Since the mother was a minor, the metropolitan court had no jurisdiction to pass an order in the matter.

The competent forum to hear the matter was the Juvenile Justice Board under the Juvenile Justice Act, it argued. The metropolitan court passed the order on an FIR lodged by the NGO alleging that the baby was adopted in violation of the law. The High Court also directed the Chief Metropolitan Magistrate to ensure that metropolitan magistrates do not entertain such matters in future.

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