Janani Ashish Charitable Trust v. Stefano Geroldi and Claudia Facchini and Falguni Geroldi (Minor)
Case brief
What is this about?
Inter-country/foreign adoption; Bombay High Court; Abhay Ahuja J; Section 59(7) Juvenile Justice (Care and Protection of Children) Act, 2015; Section 38 JJ Act; Adoption Regulation 2022; Article 17(c) Hague Convention on Inter-country Adoption 1993; CARA No Objection Certificate; special needs child; brain lesions; cerebral palsy; intellectual disability; focal epilepsy; seizure disorder; Italian adoptive parents; Italian Consulate; SSN General Practitioner; Law no. 833 of 23 December 1978; Law 104 of 1992 disability benefits; Janani Ashish Charitable Trust; ICSW scrutiny officer; Mehala Families For Children (AFAA, Italy); Falguni Geroldi; Child Welfare Committee Thane; legally free for adoption; Nisha Pradeep Pandya v. Union of India (W.P. No.1085/2023) jurisdiction.
What did the court decide?
Foreign Adoption Petition allowed in terms of prayer clauses (a) to (f): (i) adoption of minor Falguni (b. 17-03-2020) by Stefano Geroldi and Claudia Facchini under Section 59(7) of the Juvenile Justice Act, 2015; (ii) adopters declared Adoptive Parents with all parental rights, privileges and responsibilities over the minor in the care of Janani Ashish Charitable Trust, Dombivali, Thane; (iii) permission to change the minor's name to 'Falguni Geroldi'; (iv) leave to apply to Municipal Authorities for a birth certificate recording the Proposed Adopters as parents; (v) leave to remove the minor from the Court's jurisdiction and take her to Italy or wherever the adopters may reside; Judge's Order accepted and signed separately; undertakings in the Petition and Judge's Order accepted; Mehala Families for Children to furnish six-monthly status/growth/well-being and medical reports to the Indian Embassy in Italy, forwarded to the Petitioner, ICSW and this Court until Falguni attains majority in Italy.