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Hyderabad: The Telangana High Court has refused to grant custody of a minor girl to a couple who adopted her outside the legally prescribed framework, holding that emotional attachment cannot be used to legitimise illegal adoptions.
Warning that any relaxation of statutory procedures would fuel child trafficking, the court said adoption laws exist to protect vulnerable children and cannot be bypassed under the guise of compassion.
The observations were made by a bench of Justice T. Madhavi Devi while rejecting a plea filed by a Suryapet-based couple.
The petitioners had obtained the child through a private individual without the consent or knowledge of the biological parents, in violation of the adoption norms laid down by the Central Adoption Resource Authority (CARA).
The court noted that the intermediary involved had faced allegations in child trafficking cases.
While acknowledging that the couple appeared to have provided care and affection to the child, the bench held that such factors cannot override mandatory legal safeguards. “Short-circuiting the adoption process is fraught with grave consequences,” the court observed.
The couple claimed they had taken the child into their family in May 2023 after performing religious rituals, including datta homam, and celebrating traditional ceremonies.
They stated that the child, who was reportedly frail at the time, had since regained health and formed a deep emotional bond with them.
In June 2025, however, police intervened and took the child into custody, stating that she had been trafficked for an unlawful adoption. The child is currently under the care of government authorities.
Arguing that separation from the family had caused the child severe psychological distress, the petitioners sought restoration of custody.
They also urged CARA to consider their adoption application on priority and regularise the adoption through legal channels. With no relief forthcoming, they approached the high court.
Rejecting the plea, the court reiterated that adoption must strictly follow CARA procedures and that allowing out-of-turn adoptions would undermine the integrity of the system.
Citing Supreme Court precedents, the bench said granting custody in such cases would erode public trust and endanger child welfare.
The court directed the couple to await their turn in the official adoption registry, stating that it could not ignore what it described as a clear instance of child trafficking.
This post was last modified on January 31, 2026 9:29 am