Adopted baby or ‘bought’ for Rs 8 lakh? Man accused of trafficking denied his custody

The order clarified that the court did not dispute the legal proposition that a habeas corpus plea can be filed to seek the custody of a child even if the adoption was not carried out through a legally valid deed. 

Trafficking allegation

According to the facts of the case, the couple had obtained custody of the infant in December 2025 after the biological parents allegedly gave the child to them through a notarised adoption deed. A birth certificate was issued in January 2026, which showed them as the baby’s parents.

The police registered an FIR on April 1, alleging an organised racket involving the trafficking and illegal sale of newborn babies. During the investigation, the police alleged that the man had purchased the infant for Rs 8 lakh from another accused.

Justice Jasjit Singh Bedi dismissed the habeas corpus petition in the child-custody matter.

On May 4, the man joined the investigation, and the child was taken into protective custody. The Child Welfare Committee directed that the infant be kept at the Specialised Adoption Agency. Appearing for the accused, advocate Sharanjeet Singh Bajwa argued that the couple had adopted the infant from his biological parents and had been raising him as their own son, and shared a deep emotional bond with the baby.

The counsel argued that the authorities took the child away without following the due procedure, and sought custody of the infant, relying on judgments of the Supreme Court and the Bombay High Court on restoring children to adoptive parents.

Deputy Advocate General Diya Sodhi, appearing for the state, opposed the plea, saying that the child was recovered during an investigation and is alleged to have been purchased for Rs 8 lakh by the man, who himself was an accused in the FIR. 

It was argued that the infant was treated as a child in need of care and protection, and that the welfare, safety and lawful protection of the child were paramount considerations due to which the baby was kept in a Specialised Adoption Agency.

The court noted that the man was an accused in the child-trafficking FIR, with allegations that he had purchased the infant for Rs 8 lakh from another accused. However, the judge clarified that the court was not commenting on whether the allegations were genuine, leaving that for the trial court to determine.

The court held that, given the allegations against the man, there was no merit in handing the child over to him, and dismissed his petition.