A recent case in Navi Mumbai has brought to light the complexities and legal challenges surrounding informal adoption practices, especially when compounded by health issues like HIV. A four-month-old baby girl now finds herself without a caregiver after an unconventional and illegal adoption arrangement unraveled.
The Unconventional Adoption Arrangement
The situation began when a Hindu woman, six months into her pregnancy, expressed her unwillingness to raise the child due to personal circumstances, including her husband’s substance abuse issues. A Muslim neighbor, who had suffered a miscarriage during her second pregnancy, expressed a desire to adopt the unborn child. To bypass the lengthy legal adoption procedures, they devised a plan where the pregnant woman would deliver the baby using the adoptive mother’s Aadhaar card. In October 2024, the baby was born at KEM Hospital under the Muslim woman’s identity, resulting in a birth certificate that listed her as the biological mother.
Discovery of HIV and Subsequent Abandonment
After taking the baby home, the adoptive mother sought medical attention for the child at Wadia Hospital in January 2025 due to health concerns. During treatment, the infant was diagnosed as HIV positive. This revelation led the adoptive mother to abandon the child, disclosing the details of the informal adoption to the hospital staff. The hospital authorities then alerted the local Sakhi center of the women and child welfare department in Mumbai.
Legal Actions and Current Status
The state’s women and child welfare department has filed a zero FIR against both women under the Juvenile Justice (Care and Protection of Children) Act, 2015, for illegal adoption practices, and under the Bharatiya Nyaya Sanhita for cheating with common intention. The infant is currently receiving medical care at a hospital in Kalwa.
Broader Implications
This case underscores the critical need for adherence to legal adoption procedures to protect the rights and well-being of children. It also highlights the stigma associated with HIV, which continues to affect vulnerable populations, including infants. Despite advancements in preventing mother-to-child transmission of HIV, as evidenced by Mumbai’s recent milestone of zero cases transmitted from mothers to infants, challenges persist in addressing societal prejudices and ensuring that HIV-positive individuals receive compassionate care and support.
The plight of this infant serves as a poignant reminder of the complexities surrounding informal adoptions and the enduring stigma of HIV, emphasizing the need for robust legal frameworks and societal awareness to safeguard the interests of all children.
