KOCHI: A 43-year-old woman and her 44-year-old husband — both of them in their second marriage — are now engaged in a legal battle over the future of the former’s biological son.

The husband is eager to adopt the child, from the woman’s first marriage. However, despite having “neglected” the child for the past nine years, the biological father is refusing to grant permission for the adoption.

The biological father’s absence and neglect left the child without care, yet his pride prevents him from allowing someone who truly loves and supports the boy to step in, the couple said in a petition before the Kerala High Court. Legally, the stepfather cannot proceed with the adoption without the biological father’s consent. The couple approached the HC challenging the decision of the Child Welfare Committee (CWC) rejecting the application of the stepfather to adopt the child.

According to the couple, they approached the Central Adoption Resource Agency (CARA) in New Delhi, which directed an inquiry by CWC Ernakulam. But the CWC reportedly rejected the adoption request without due consideration, leaving the child’s future in uncertainty, they said. The woman submitted that she was granted permanent custody of the child through a court-approved settlement, while the biological father was given limited-visitation rights.

However, he consistently neglected the child, failed to maintain contact, and misrepresented himself as childless on a matrimonial site, the petition said. “This indicates that he has disowned the child and shows no concern or care for the child’s well-being though the petitioners produced all the documents in this regard before the CWC, which denied the step-parent’s adoption request, citing the objection of the biological father,” the couple added.