Can Biological Parents Reclaim Custody After Giving a Child Up for Adoption?

In India, once a child has been legally adopted through the Central Adoption Resource Authority (CARA) or a recognized adoption agency, the adoption is considered irrevocable. This means that biological parents generally cannot reclaim custody of a child after the adoption process has been finalized. The laws surrounding adoption are designed to prioritize the welfare of the child and ensure that the child’s new family provides a stable, permanent home.

Reclaiming Custody after Adoption

Irrevocability of Adoption

Once an adoption has been legally finalized in India, it is irrevocable under the Hindu Adoption and Maintenance Act (HAMA) for Hindus, or the Juvenile Justice (Care and Protection of Children) Act (JJ Act) for non-Hindu children. This means that biological parents lose their legal rights to the child, and the child becomes a permanent member of the adoptive family.

The adoptive parents acquire full parental rights, including the right to make decisions related to the child’s welfare, education, health, and upbringing.

Reclaiming custody is not possible after the adoption is legally finalized unless the adoption is annulled, which is very rare and only happens under specific circumstances, such as fraudulent practices or coercion during the adoption process.

Pre-Adoption Period

Before the adoption is legally finalized, there may be a period of revocation. If the biological parents change their mind about placing the child for adoption during this time, they can reclaim custody of the child. This period is typically set within the first two months of placement with the adoptive parents.

However, once the adoption process is completed, and the child is legally adopted, the biological parents' ability to reclaim custody ceases.

Legal Finalization of Adoption

For the adoption to be finalized, the adoptive parents must complete the legal process, which includes court approval and issuing of an adoption decree. Once this is done, the adoption is considered permanent, and the biological parents no longer have legal custody or any rights over the child.

The CARA guidelines and the Juvenile Justice Act (JJ Act) both emphasize the importance of a permanent, stable placement for children, which makes it difficult for biological parents to reclaim custody after the legal adoption is finalized.

Exceptions and Special Cases

While it is rare, there are a few exceptional circumstances under which the adoption may be undone:

• Fraudulent Adoption: If there is evidence that the adoption was obtained through fraud, coercion, or misrepresentation, such as the biological parents being deceived into giving up the child, it is possible for the courts to annul the adoption. In such cases, the biological parents may be able to reclaim custody.
• Coercion or Involuntary Consent: If the biological parents can prove that they gave up the child under duress, coercion, or unfair pressure, the adoption could potentially be reversed. However, such cases are rare and require strong evidence.
• Adoption by Non-legal Means: If the adoption was not carried out through the proper legal channels, the biological parents might be able to claim custody. For example, if the adoption was not registered or did not follow the required legal procedures, it might be contested in court.

Reversing Adoption in Special Cases

Under very specific circumstances, if the welfare of the child is at risk in the adoptive home, or if the adoptive parents fail to provide for the child’s needs, the child’s welfare could be reconsidered. In such rare cases:

• The Child Welfare Committee (CWC) may intervene.
• The court may review the adoption under the Juvenile Justice Act, but the primary goal remains the best interests of the child.

Post-Adoption Contact with Birth Parents

While biological parents cannot reclaim custody once the adoption is finalized, open adoption systems allow for the possibility of continued contact with the biological parents. This is more common in inter-country adoptions and some domestic adoptions where adoptive and biological parents agree to maintain a relationship in the child's best interests.

Example

Ramesh and Priya are a married couple who adopt a child through an adoption agency under CARA’s guidance. After the legal adoption is finalized, the biological parents of the child, who initially agreed to the adoption, later express regret and attempt to reclaim custody. However, the court, after reviewing the adoption documents and confirming that the process was legal and irreversible, upholds the adoption and denies the biological parents' request for custody.

Another example is Shalini, who was coerced into giving up her child for adoption by family pressure. Years later, she tries to reclaim her child after realizing the adoption was not done with her full consent. The court may review the case, but unless there is clear evidence of coercion or fraud, the adoption would likely remain intact.

Summary

In India, biological parents cannot reclaim custody of a child once the adoption process has been finalized, as adoption is considered irrevocable under the Hindu Adoption and Maintenance Act and the Juvenile Justice Act. The adoption process ensures that the child's best interests are protected, and once the adoption is legally completed, the biological parents lose their parental rights. There are very limited exceptions to this rule, such as cases involving fraud or coercion, but they are rare. The stability and welfare of the child are the primary concerns in Indian adoption law, making it difficult for biological parents to regain custody after adoption has been legally finalized.