Malayali adoptive parents move Kerala High Court to annul adoption of teenage daughter from Punjab

The Kerala High Court on Wednesday appointed an amicus curiae to help it decide on a plea by Malayali adoptive parents of a (now) teenaged daughter to annul their 2017 adoption of the Punjabi child, citing difficulties in adjusting with her..Justice Devan Ramachandran appointed advocate Parvathy Menon as the amicus curiae in the matter after noting that there were serious legal and factual concerns involved in the case. .The Court noted that the adopted daughter was no longer a child and had recently turned 18 years old. The Court was told that she was presently living at a women's home after her adoptive parents "abandoned" her and that she wished to return to Punjab, from where she was adopted.The Court expressed concern that since the girl had reached the age of adulthood (18 years), there was uncertainty about which provisions could be invoked to ensure her safety in future."Even though the girl wants to return, this Court is not aware how it can be ordered when her protection and safety cannot be guaranteed, if she is outside the territorial jurisdiction. A larger issue also arises as to how the girl is to be protected in future, particularly keeping in mind her career and even marriage in her later life," the Court pointed out.Therefore, it appointed Parvathy Menon as amicus curiae to assist the Court.Additionally, government pleader Vidya Kuriakose was directed to consult the Department of Women and Child Welfare to get suggestions on securing the well-being of the girl to ensure that she lives a full life ahead..On Wednesday, the government pleader had stated that the girl studied up to the 10th grade but was no longer pursuing education.A report by the District Legal Services Authority (DLSA) also revealed the girl's strong desire to return to her home state, Punjab, as she felt abandoned and destitute in Kerala."It is saddening that its contents are distressing, particularly as to the plight of the young woman (she is now turned 18; this Court is told)," Justice Ramachandran observed, in view of the DLSA report..Meanwhile, Advocate S Nirmal, the counsel for the adoptive parents, submitted that the adoptive parents had made every effort to adjust with their daughter. However, she could not identify herself as their child, leading to the current situation, the Court was informed. .The Court will hear the matter next on November 27..[Read Order]