A couple’s adoption journey, which began with happily welcoming a child, took an unexpected turn when they had to surrender the baby they had grown attached to after the woman struggled to cope with the death of a loved one. With the woman now having recovered and been assessed as fit to care for the child and herself by a psychiatrist, the couple sought another chance to care for the child. Allowing the couple a second chance, the Bombay High Court has restored the child’s pre-adoption foster care to them, subject to safeguards to protect his welfare.Noting that the child had developed a bond with the couple, Justice Ashwin D Bhobe observed that the man had decided to surrender the child’s custody out of concern for his welfare, as the woman was going through a “difficult phase” in life. The court said that the decision appeared to have been taken in haste, though “ bona fide and in good faith.”In the October 13 order, the High Court said, “The paramount consideration in deciding this Application is the child’s welfare and best interests. Considering the overall facts, the circumstances of this peculiar case and the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, I deem it proper to restore the child’s pre-adoption foster care to the Applicants.”In the absence of any allegation before the court indicating that the couple’s conduct caused “any harm or inconvenience to the child during the period the child remained in their pre-adoption foster care,” it allowed the couple’s application.Ensuring the welfare of the child, the court directed the couple to “furnish an affidavit from two close relatives/family members, undertaking that, in the event of any contingency, they would step in and take care of the child and ensure that no harm or inconvenience is caused to the child.” Justice Ashwin D Bhobe said that the couple shall strictly comply with the pre-adoption Foster Care agreement and act in the welfare of the child.Adoption journey takes a difficult turnThe couple decided to adopt a child through an adoption agency registered with the Child Adoption Resource Information and Guidance System. On June 2, 2024, the social worker from “Matruchhaya”, a local Specialised Adoption Agency, visited their residence, conducted a survey and submitted a positive report. Story continues below this adOn January 20, 2025, the Child Welfare Committee (CWC) declared the child born on February 2, 2024, legally free for adoption. The Committee found the couple eligible and suitable to adopt the child under the eligibility criteria, and on April 16, 2025, the child was referred to them through the online Child Adoption Resource and Guidance System.On April 28, 2025, the child was placed in ‘pre-adoption foster care’ with the couple, and after executing the Pre-adoption Foster Care Agreement, they took custody of the child on April 30, 2025. On September 19, 2025, the social worker from the agency Matruchhaya visited their residence to assess the child’s progress, and the assessment found that the child was fit and healthy, receiving treatment from a child specialist, had been vaccinated, was emotionally attached to both parents and received proper nutrition and care. The report notes that the family members have adjusted well to the child and are happy with him.After the demise of the woman’s mother-in-law, she began experiencing persistent low mood, loss of interest in day-to-day activities, disturbed sleep and appetite and difficulty concentrating at work. Concerned for the child’s well-being during this phase, the husband filed an affidavit cum application before the District Court seeking surrender of the child’s custody to the District Probation and After Care Association. The Court directed that the child be produced before the CWC, and consequently handed the child over to the District Probation and After Care Association.Story continues below this adA second chance, with safeguards The couple, through advocate Rajesh Kachare, contended that the child was handed over temporarily due to extraordinary circumstances. Kachare submitted that the wife has now overcome the loss of her loved one, is fit, well and in a position to take care of the child, and the couple seek restoration of the child’s foster care to them.Pallavi Thorat, advocate for the District Probation and After Care Association, submitted that if the court is inclined to restore the child’s pre-adoption foster care to the couple, they should furnish an affidavit from two close relatives/family members, undertaking that, in the event of any contingency, they would step in and take care of the child and ensure that no harm or inconvenience is caused to the child. The counsel sought a physical and mental health report of the couple considering the peculiar circumstances of this case, and asked the couple to submit periodical (six-monthly) mental health reports of the wife to the District Probation and After Care Association.The Department of Psychiatry, CPR Hospital, Kolhapur, having examined and assessed the wife, has submitted a report recording its conclusion on her fitness to care for herself and the child, which neither expresses any threat to the child from the couple nor claims that any such threat is borne out by the record. Story continues below this adThe court directed the Specialised Adoption Agency, Matruchhaya, Goa, to submit the Home Study Report of the couple and the post-adoption follow-up report concerning the child on a six-monthly basis, in accordance with the regulations for adoption.Allowing the couple’s will to donate Rs 1 lakh to the District Probation and After Care Association, the court directed that the amount be utilised for the welfare of any other needy child in the custody.