Calcutta HC orders adoptive parents to return baby after CWC ignored DNA match with biological mother

The Calcutta High Court on August 6 quashed the adoption clearance granted by the West Bengal Child Welfare Committee (CWC) for an infant found abandoned and injured in a drain in 2024.

Justice Krishna Rao noted that the CWC never gave the child's biological mother an opportunity to be heard before declaring the baby "abandoned" and clearing him for adoption.

The Court set aside the CWC’s order and directed the adoptive parents to surrender the child back to the CWC by August 7, pending a fresh inquiry.

“Considering the facts and circumstances mentioned above, the decision of the Child Welfare Committee dated 18th November, 2024, is set aside and quashed and consequently, all actions with respect to the custody of the minor, is also set aside and quashed,” the Court held.

The case arose after a newborn was found in a narrow passage near a building with multiple injuries. Local residents rescued him and took him to the police, who then shifted him to hospital.

A man reached the police station and claimed he was the child's biological father. The mother also reached the hospital and claimed the child as hers. She told the authorities that she had given birth to him at her residence.

Since the identity of the child’s parents was initially disputed, the CWC took custody of the child after he was discharged from hospital and placed him with a specialised adoption agency.

The mother then approached the police and hospital authorities seeking recognition as the child’s mother. She also moved the High Court seeking his return.

During those proceedings, the Court directed that steps be taken to establish the child’s parentage. A DNA test subsequently confirmed that the woman and the man were the biological mother and father.

The police later investigated the circumstances in which the child had been found. Its final report concluded that no offence had been made out against the mother.

The investigation instead found that the mother’s mother (the child's grandmother) had taken the newborn and left him in the narrow passage while the mother was away. The child suffered multiple cuts and bruises as a result. The woman’s mother died during the investigation, following which the police sought closure of the case against her.

Despite this, the CWC in November 2024 declared the child as 'abandoned' and held that the biological parents were incapacitated to take care of him.

The Committee also directed the specialised adoption agency to proceed with the process of declaring the child legally free for adoption.

The High Court found several problems with this decision.

It noted that the CWC had not produced any record showing that it had conducted the inquiry before declaring the child 'abandoned'. The CWC had relied on newspaper notices inviting claims and objections, but had not issued notice to either biological parent.

The Court also noted that the CWC was aware of the DNA report confirming the parentage.

The Court said the CWC could not simply conclude that the parents were incapacitated because the child had been found injured. It had to examine factors such as their physical and mental health, history of neglect or abuse, financial circumstances and ability to care for the child.

No such assessment had been carried out.

The Court further noted that the CWC had not examined the biological parents or obtained a social investigation report before declaring them incapacitated.

The High Court also found fault with the manner in which the child had been declared abandoned and legally free for adoption.

Under the Juvenile Justice Act, the CWC is required to make efforts to trace the parents or guardians before declaring a child abandoned and legally free for adoption.

In this case, the Court said, the mother had been claiming the child from the beginning and had approached the police, hospital and CWC. The CWC itself had accepted that she was the biological mother.

The Court also pointed to the statutory provision which says that no FIR should be registered against a biological parent during an inquiry concerning an abandoned or surrendered child under the Act.

Here, the CWC had instead lodged a police complaint against the mother before completing the required inquiry.

It rejected the argument that the child’s welfare could justify the procedure adopted by the CWC.

The Court said the welfare of the child is undoubtedly paramount, but that principle does not permit authorities to ignore the statutory procedure or deny the biological parents an opportunity to be heard.

It consequently set aside the CWC’s November 2024 order and all consequential actions concerning the child’s custody.

The Court directed the adoptive parents to surrender the child to the CWC by August 7. The CWC was directed to immediately place the child in a specialised adoption agency until completion of the fresh inquiry.

The CWC must now conduct a fresh inquiry, give the biological parents an opportunity of hearing, obtain a report from the investigating agency and pass a fresh order within four weeks of receiving the High Court’s judgment.