Legal Question in Family Law in United Kingdom
Hi
I am writing this to see if there are any solicitors that would be willing to take up this case for me.
It is with regards to an incident that occurred in India while on a visit from England in May 2002. I currently live in England and am a British Citizen. I was pregnant and while I was in India I went into labour. My friends there took me to a hospital in Tanda where a few hours later I gave birth to a healthy baby boy. While I was in labour the doctors kept injecting me with drugs, I don�t know what these drugs were. A few minutes after giving birth to a healthy baby boy I went unconscious which I am presuming was as a result of the drugs that were being injected into me.
When I woke up a few hours later, I realised my child was not with me, I asked the doctors where the child was and they told me they had given the child away. One of the people who was with me at the hospital saw someone come to the hospital during the night and it is these people who came to collect the baby. I didn�t ask for the child to be given away but they just presumed that because I was a young unmarried girl I didn�t want the child. I pleaded with them to bring the baby back but they wouldn�t, saying he has been adopted, however I didn�t give permission for this nor did I sign any papers. The doctor did say that he would allow me to see the baby but would not bring him back to me.
Alone in a foreign country I didn�t know what to do so a few days later I returned to the UK. I told my partner what had happened and when I returned to the UK we tried to contact the hospital to find out the whereabouts of the child. They told us to come to India and they would talk to us and give us all the details. When we went to India, the hospital would simply say they couldn�t disclose the whereabouts of the child. After this I went to India several times after talking to the hospital on the phone here, they would say come over and we will discuss but every time we would go to the hospital they would simply turn us away.
My partner came to India again in Febuary and went to the hospital to speak to the doctor. At first the doctor said to just leave it now as it has been 7 years, that the child is happy where he is but when my partner said that he is going to go to the police the doctor said ok. The doctor said to give him two days and he would get the address and contact details of the people who have the child so that we could see our child. However, when my partner rang the hospital the next day he was informed that the doctor was busy and top ring back. When he rang back the person who answered the phone said you have the wrong number. Eventually after ringing a few times the doctor came to the phone and said that he is not going to tell us where the child is. My partner said if that is the case I am going to the police now.
I rang the doctor myself the next day stating that I am the child's mother and that I want to know where the child is. The doctor claimed that he couldnt remember that far back and that he needed the date I was admitted to hospital and my name. He said he would need to look back at his records. I said I dont want to cause any trouble I just want to find my child. I told him that I am giving him this last opportunity to cooperate with us as otherwise the police, british embassy, MP's, Politiicians and the media will all be informed. The doctor said but your partner said he is going to report me to the police, I said if I have to I will. I asked him when I should ring back and he hung up on me. I have tried ringing the doctor back several times but everytime he hears my voice he hangs up on me.
I want to find my child and am prepared to do whatever it takes to locate the child. I am prepared to take advertisements out in newspapers seeking information, I have spoken to the BBC and they are willing to come to India with me to help me find the child. I will also be reporting this to the Prime Minister, The Health Minister, The Medical Council of India and the Foreign Office.
The reason for me writing this email to yourselves if to ask whether you would be able to help me in locating my child. The only person who knows the location of the child is the doctor. We have tried to speak to him but he is not being cooperative. He did not give me the opportunity to register the birth of the child so I have no proof. I feel that the doctor has the child or he has given him to someon in his family. We have tried and tried to find out from the doctor but he doesnt tell us anything. This is a case of kidnap and I would like to make an official complaint.
1 Answer from Attorneys
This is an extremely sad and worrying case. There can be little doubt that a claim would lie against the hospital and Doctor involved but these are both in India and outside the jurisdiction of the UK courts. Accordingly no action could be brought in this country and a claim would have to be brought in the Indian courts. Due to the time that has passed there could well be issues of Limitation making a claim time-barred. The only solution could accordingly be not legal but by pressurising officials in India.
I would suggest that you post details of what happened on an advice forum such as at
http://www.legal-zone.co.uk/forum
where readers, some of whom are in India, may be able to assist.
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