Couple forced to return child they adopted three years ago to biological mother

Pair plan to take case to European Court of Human Rights as lawyer calls decision 'legal aberration'

Four-year-old Joan is carried to the police station in Valencia by his adopted father Albert (YouTube/screengrab)

A Spanish couple have been forced to give up custody of a boy they had looked after for three years, after a court ruled the child would be “better off” in the care of his biological mother

Albert Bordes and Noelia Estornell, from Valencia, said they were willing to take their case to the European Court of Human Rights and confirmed they were assured they could complete the full process to adopt Joan.

The boy was 18 months old when he entered the couple’s care in 2013, but it was decided he should be returned to his natural mother as soon as possible, in a decision described by the couple’s lawyer as a “legal aberration”.

Joan’s biological mother, Maria Abeng, was 15 years old when she gave birth and was treated for alcohol addiction at a juvenile facility, during which her child was taken into care.

However, she recently applied to the court to have her son returned and was successful, despite the agency which arranged the adoption stating there were clear concerns over the child’s welfare, and saying there had been a “serious failure of child protection”.

A large crowd assembled to support the couple as they carried Joan to the local police station in Patraix, and Mrs Estornell was seen crying as the boy was taken away from her.

"[Joan] doesn’t understand what is going on. He is upset and angry with us because instead of us taking him to school we are giving him to a lady who he doesn’t know," said Bordes told The Local.

"I told him we are only doing it because we are forced to. I told him we love him very much and will fight for him.”

The couple’s lawyer, Enrique Vila, added: “This is not a war between the biological mother and the adoptive parents, the child’s interests are paramount and his wellbeing is clearly associated with the adoptive parents.

“Under no circumstances should a child be given for pre-adoption if there is a chance that they could be returned to their natural parents."