Biological, adoptive parents fight for girl’s custody

ADOPTIVE PARENTS HAD BEEN CHILDLESS, HAD BIOLOGICAL CHILD LATER

Biological, adoptive parents fight for girl’s custody

TIMES NEWS NETWORK

Ahmedabad:09.09.2021

A 16-year-old girl’s adoptive parents and biological parents have moved the Gujarat high court in a legal battle for her custody.

The case is from Jamnagar district, where a couple had given their daughter for adoption to their uncle and aunt, because the older couple did not have a child then. Later, the adoptive parents had a girl born to them and the biological parents began asserting their rights over their daughter.

During the hearing before the bench of Justice J B Pardiwala and Justice V D Nanavati, it was submitted that the biological parents took custody of the child when she was at school in August 2011. Since then, she has been living with her biological parents, who also claimed before the court that the child is not willing to leave her biological parents.

As the dispute between the biological and adoptive parents grew worse, the biological parents moved a local court and demanded that the adoption deed be cancelled. On the other hand, the adoptive parents insisted on enforcement of the adoption deed. The adoptive parents have been arguing that there is no law under when the adoption deed can be cancelled, and thus they will remain the parents of the child and responsible for her all her life. The dispute twice reached the high court but remained unsolved.

The judges told the lawyers that the girl is 16 years of age and in two years she will attain majority, so both parties should allow her to decide with which set of parents she wants to live with. The judges also said that such litigations are very painful, “In the fight between the biological and adoptive parents, we don’t want the girl to suffer, and that is for sure.” When the high court insisted that both parties try to reach an amicable solution to the problem, the lawyers from both sides expressed inability and the court was informed that there was a case of assault, for which one of the litigating parties was convicted and sentenced to jail. He is out on bail and is contesting hard for the custody. Upon hearing this, the judges said, “You continue to fight. Let them draw swords but spare the girl.” As the lawyers continued to insist on the hearing, the judges reiterated their request for an amicable solution and said, “Even the judgment is not going to solve the problem.” The court finally decided to hear the case at length on Monday.

While the girl is now 16, the dispute has been in court for 10 years. During this time, one of the litigants had assaulted the other and was convicted and jailed for it