The High Court allowed a foreign adoption petition for a minor boy surrendered by his unwed minor mother. Adoptive parents from Italy met medical, financial, and report requirements, leading to the grant of adoption.
Foreign adoption petition allowed; adoption of the minor by the proposed adoptive parents granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
902-FAP24-18+.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION FOREIGN ADOPTION PETITION NO. 24 OF 2018
WITH
JUDGE’S ORDER NO. 130 OF 2018
Children of the World India Trust…Petitioner
Versus
Andrea Rossi and Alice Cannoni…Proposed
Adoptive Parents
Mr Rakesh Kapoor, for the Petitioner.
Mr O Hareendran, Scrutiny Officer, ICSW, is present.
CORAM:G.S. PATEL, J
DATED:5th July 2018
PC:-
1. Heard.
2.This is a Foreign Adoption Petition. The minor Narendra was
born to an unwed minor mother on 14th June 2017. He was
admitted to the Petitioner institution, Children of the World India
Trust, Nerul, Navi Mumbai on 7th July 2017. He was with the
institution for three months. Later, the minor’s maternal
grandmother on behalf of the biological mother surrendered the
minor to the Child Welfare Committee, Thane on 9th August 2017.
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902-FAP24-18+.DOC
3.The Child Welfare Committee, Thane has, after following the
necessary procedures, declared Narendra free for adoption by an
order of 10th November 2017. There is an undertaking by the
Petitioner on record.
4. CARA has issued its no objection certificate.
5.The proposed adoptive parents are from Italy. They are 44
and 36 years old respectively. They have been married for six years.
They have two biological sons, aged 8 years and 4 years. The
adoptive father was earlier married in 2002. He divorced in 2011.
The divorce decree is on record.
6.The medical examination report for Narendra indicates that
he has a moderate hearing loss in his right ear. The other
development parameters are in order. The summary report of the
Ali Yavar Jung National Institute of Speech and Hearing Disabilities
is on record and the adoptive parents have signed this. Their own
medical reports are in order.
7.The adoptive father works with the local police and has an
annual income for 2017 of over Euro 24,000. The adoptive mother
also works with the local police with an income of over Euro Rs
23,000/- for the year 2017. The tax and finance documents are on
record.
8.There is a Child Care Arrangement which is positive. The
Home Study Report is also positive and recommends the adoption.
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902-FAP24-18+.DOC
There is a guardianship letter from the adoptive father’s brother and
sister-in-law. The other documents are all in order.
9.I have also seen the scrutiny report presented by Mr O
Hareendran, Scrutiny Officer of the Indian Council of Social
Welfare which is on record.
10.Having regard to all these circumstances, I will allow the
Petition. The Judge’s Order is signed separately.
11.The Registry will get the Petition with all its annexures and all
orders, including the signed Judge’s Order, scanned. These digital
copies are to be preserved. A soft copy may be given to the Advocate
for the Petitioner free of cost on a pen drive provided by the
Advocate for the Petitioner for the same. The Registry will ensure
that the scan of the Judge’s Order is a properly calibrated colour
scan.
(G. S. PATEL, J)
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5th July 2018
Children of the World India Trust
Andrea Rossi
Alice Cannoni
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court