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November 30, 2022

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Punjab-Haryana High Court’s decision: The child in the womb cannot be adopted, the child should be handed over to the parents

2 min read

The court said that there is no such provision in the Hindu Adoption Act, under which a child in the womb can be adopted. The court held that the child should be handed over to the original parents in the absence of any registered document relating to adoption. 

The Punjab-Haryana High Court, while giving a very important decision, made it clear that the child in the womb cannot be adopted. The High Court has now ordered the adoptive couple to hand over the child to the original parents.

Patiala resident Pooja Rani, while filing a captive release petition, had demanded from the High Court to get her newborn child back from the adoptive parents. The petitioner said that she had a child in her womb, then the respondent had expressed her desire to adopt this child. After this, when the child was born on 23 May 2022, he took that child on the basis of the paper agreement. The petitioner submitted that thus they do not have any registered certificate of adoption of the child. The petitioner appealed that her child be returned to her.

When the court asked the respondent side about this, he accepted the arguments of the petitioner side. The court said that there is no such provision in the Hindu Adoption Act, under which a child in the womb can be adopted. The court held that the child should be handed over to the original parents in the absence of any registered document relating to adoption. The court ordered the respondent to hand over the child to his original parents. If you want to make any claim related to the adoption of a child, then they can make a complaint by going to the appropriate forum for that.

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