The Calcutta High Court has directed the Child Welfare Committee (CWC) to return a three-year-old child to the couple who had been caring for him since shortly after his birth, holding that the child did not fall within the statutory category of a “child in need of care and protection.”
Justice Krishna Rao passed the order, while also directing the couple to approach the appropriate court for a formal declaration of their adoptive status. The judgment was delivered on September 17, 2026.
Background of the Case
The child, Amit Das, was born prematurely on February 24, 2023, at M.R. Bangur Hospital, Kolkata. He was born at approximately 29 weeks of pregnancy with a birth weight of around 1.68 kilograms and remained in the Special New Born Care Unit for about 25 days.
According to the judgment, the biological parents were unable to take care of the child and handed him over to the petitioners, who thereafter looked after him. An adoption deed was subsequently executed between the parties. The child remained in the petitioners’ care and custody from shortly after his birth.
When the petitioners later approached the hospital for the child’s birth certificate in connection with his proposed schooling, they were directed to approach the CWC regarding the adoption. They approached the Committee in February 2026, following which the CWC took the child into its custody and did not return him.
Court Examines Legal Status of Child
The State argued that adoption under the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations, 2022 must follow the prescribed statutory process. It pointed out that the required adoption procedure, including the involvement of recognised adoption authorities, had not been followed.
The High Court, however, also examined whether the CWC had jurisdiction to take custody of the child in the first place. Under Section 2(14) of the 2015 Act, a “child in need of care and protection” covers specified circumstances such as abandonment, neglect, abuse, lack of suitable care or other situations requiring statutory intervention.
The Court noted that the child was neither orphaned nor abandoned and did not fall within the statutory definition.
The Court observed:
“There is no dispute that biological parents have given the child in adoption to the present petitioners without following the proper procedure. Admittedly, the child is neither ‘orphan’ nor ‘abandoned’.”
The Court further held that merely executing a notarised adoption deed did not by itself give the petitioners a legal right to custody. At the same time, it found that the CWC also lacked authority to deal with the child because he did not fall within the category of children covered by Section 2(14).
Justice Krishna Rao referred to the general principles under Section 3 of the 2015 Act, including the child’s best interest, family responsibility, safety, positive measures, institutionalisation as a last resort, and restoration.
The Court stated:
“For the ends of justice, it would be appropriate to direct the Child Welfare Committee to return of child to the petitioners.”
Decision
The High Court directed the CWC to hand over the child’s custody to the petitioners on or before September 18, 2026, at 4:00 PM. It also directed the Member Secretary of the District Legal Services Committee, South 24 Parganas, to obtain quarterly reports concerning the child’s welfare and progress from December 2026, with liberty to arrange inspection of the petitioners’ residence through a child welfare expert.
The petitioners were further directed to approach the appropriate court for a declaration that they are the adoptive parents and that the child is their adoptive child.
The writ petition was accordingly disposed of.
Case Details:
Case Title: Smt. Aparna Das & Anr. vs. The State of West Bengal & Ors.
Case Number: W.P.A. No. 13525 of 2026
Judge: Justice Krishna Rao
Decision Date: September 17, 2026
