Child Custody: Adoptive Parents Retain Child Custody as Supreme Court Rejects Birth Mother's Petition | Chennai News

Chennai: The Madras High Court has refused to grant custody of a three-year-old child to his biological mother as he was brought up by his adoptive parents since birth. The adoptive parents said the child was given to them for adoption because his mother was found to be HIV positive. However, a division bench of Justice MS Ramesh and Justice Sunder Mohan granted weekly visitation rights to the birth mother in the presence of the birth mother's parents. The court also directed the concerned court to resolve the custody dispute within six months under the Guardian and Wards Act. The matter concerns a habeas corpus appeal filed by the child's birth mother alleging that the adoptive parents illegally mistook the child. According to the plaintiff, the child was born on July 1, 2020 in Erode. During her pregnancy it was discovered that she had contracted HIV, so her father temporarily gave the child to the adoptive parents. After completing Sidha treatment by December 24, 2022, she requested the adoptive parents to return her son. Since they refused, she preferred to file a police complaint on December 24, 2022. The complaint was dismissed on the grounds that there was no criminal offense under the Wards Act requesting custody of the child. “The plaintiff here is the biological mother of the minor child and therefore has every right to the care and custody of her child and in this case there was no valid adoption.” Given her status as a mother, the defendant's refusal to give up her child would come “To hand over custody is tantamount to unlawful custody,” said the plaintiff’s lawyer. While recording the submissions, the court said, “We have taken into account the fact that the minor boy has been under the care and custody of the defendant from the date of his birth and his physical custody has never vested in the plaintiff. The boy is now three years and nine months old. At this age, when he had never lived with the plaintiff, it would be in the best interests of the child that his care and custody should remain with the adoptive parents for the time being,” the court said. At the conclusion of the habeas corpus appeal, the court said The court directed the district court to rule on the adoptive parents' petition within six months.