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2022 DIGILAW 1753 (BOM)

Jeevan Asha Trusts Asha Shishugruha v. Giuliano Nav. Italian National

2022-07-21

B.P.COLABAWALLA

body2022
JUDGMENT B.P.COLABAWALLA, J. - This Foreign Adoption Petition is filed seeking the adoption of a female minor Kaveri, born on 24/11/2015. The couple who proposed adopt the said minor are residents and citizens of Italy. 2. The representation of the Indian Council of Social Welfare [ICSW] is also tendered before me today and taken on record and marked "X" for identification. 3. The female minor Kaveri was found abandoned by the Child Line, Parbhani on 24/11/2020 and produced before the Child Welfare Committee [for short "CWC"], Parbhani on the same date. The Child's custody was given to the petitioner Institution as per the order of the said CWC, Parbhani dtd. 24/11/2020. The said admission order can be found at page Nos. 18 to 21. 4. After making due inquiry under sec. 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) the Child Welfare Committee, Parbhani declared the said minor Kaveri, "Legally Free for Adoption" as on 18/1/ 2021. The Free for adoption Certificate is on record at page No. 17. 5. The Central Adoption Resource Authority (CARA), New Delhi has issued its No Objection Certificate [dtd. 13/3/2022] to this adoption as per the Adoption Regulations 2017 and Article 17(c) of the Hague Convention on the Protection of Children and Co-operation in respect of Inter-country Adoption 1993. The said No-objection Certificate can be found at Page No. 30. 6. The undertaking/affidavit of the petitioner is on record at page Nos. 23-28. 7. The Proposed Adopters are Italian nationals, both residing at Milan, Italy aged about 48 and 49 years respectively. They have been married for the past 17 years (4/ 9/2004) with no biological children. 8. The Proposed Adopters Joint Family Photograph and Copies of Passport are on record at page Nos. 30-35. 9. The Motivation Letter of the proposed adopters is on record at page No. 49. 10. The Medical reports dated 18/9/ 2020 of the proposed adopters are on record and it states that both enjoy good psychophysical health. Their HIV and HBsAg Test Reports certify the case as Negative. These reports are at Page Nos. 52 to 75. 11. The Prospective Adoptive father is working as a Financial Analysis Specialist with Intesa Sanpaolo S.P.A. in Milan, Italy since 1995 and his gross annual income in 2019 amounted to EUR 57, 303.75. Their HIV and HBsAg Test Reports certify the case as Negative. These reports are at Page Nos. 52 to 75. 11. The Prospective Adoptive father is working as a Financial Analysis Specialist with Intesa Sanpaolo S.P.A. in Milan, Italy since 1995 and his gross annual income in 2019 amounted to EUR 57, 303.75. His Employment Certificate & Income Tax Return are on record at page Nos. 76-81. 12. The Prospective Adoptive mother is working as a Protection Specialist in the Protection Coordination Unit of Milan Intesa Sanpaolo S.P.A. Italy since 9/4/1997 and her annual income in 2019 amounted to EUR 42, 367.00. Her Employment certificate & Income Tax Return are on record at page Nos. 82-88. 13. The Financial/Assets Statement is on record at page Nos. 89-92. 14. The Childcare Arrangements statement from the proposed adopters is on record at page No. 93. 15. The home study report dated 22/ 10/2020 by the authorities of "CIFA ONG for Children" Torino, Italy is on record and the report has found the proposed adopters suitable for adopting a child. The said home study report is at page Nos. 96-121. 16. The Psychological Evaluation Report of the prospective adoptive parents dtd. 19/10/2020 by the Psychologist is on record and the report has recommended the couple for the adoption of an Indian child. This report can be found at page Nos. 122-127. 17. The Approval Decree dated 7/3/ 2017 from the Juvenile Court of Milan and Permission to enter and reside permanently in Italy by the Presidency of Council of Ministers, Italy dtd. 19/5/2022 are on record at page Nos. 128-137. 18. The child Security undertaking dtd. 18/5/2022 of the Adoptive mother's brother and sister-in-law residing at Milan, Italy to take care of the child in case of any unforeseen mishap to the proposed adopters is on record at page No. 166. 19. The Medical Examination report of the minor dtd. 20/1/2022 is on record and it states that Kaveri is a Normal child. The Proposed Adopters have countersigned this Report which is at page Nos. 174-180. 20. The H.I.V. report of the minor dtd. 1/12/2020 certifies the case as Non Reactive. This report is on record at page No. 184. The Post Card Size Photograph of the minor is on record at page No. 185. 21. The Proposed Adopters have countersigned this Report which is at page Nos. 174-180. 20. The H.I.V. report of the minor dtd. 1/12/2020 certifies the case as Non Reactive. This report is on record at page No. 184. The Post Card Size Photograph of the minor is on record at page No. 185. 21. The Declaration of willingness and undertaking of the proposed adopters is on record and it states that they are willing to adopt the female minor Kaveri born on 24/ 11/2015 and also undertake to send followup reports along with the recent photographs of the child, as directed by the Hon'ble Court. The said declaration is at page No. 186. 22. The undertaking dtd. 17/3/2022 of the Authorized Foreign Adoption Agency (AFFA) "C.I.F.A. ONLUSInternational Centre For Children and Family", Torino, Italy to provide follow-up reports of the child and make alternative arrangements in case of disruption of the adoptive family is on record at page Nos. 192-193. 23. The Special Power of Attorney dtd. 11/4/2022 duly signed by the proposed adopters in favour of the petitioner institution is on record at page Nos. 196-199. 24. The petitioner institution's recognition from the Women & Child Development, Maharashtra State to place children in adoption is valid for a period up to 5/7/2025. 25. Looking at all the documents that have been placed before me and after perusing the record, I think it would be in the interest of the child if she is adopted by the Proposed Adopters. I therefore do not find any impediment in granting the reliefs sought for in the Petition. 26. In view of the forgoing discussion, the petition is allowed in terms of prayer Clauses (a) to (d), which reads thus: "(a) For the Adoption of the proposed female minor Kaveri, born on 24/11/2015 by the Proposed Adopters under sec. 59(7) of the Juvenile Justice Act, 2015. (b) For declaring the Proposed Adopters as Adoptive Parents of the female minor Kaveri and having all parental rights, privileges and responsibilities over the said minor Kaveri, now in the care and custody of the petitioner institution Jeevan Asha Trust's Asha Shishugruha, Parbhani, Maharashtra. (c) Leave/permission be granted to apply the concern Municipal Authorities to issue Birth Certificate of the said minor Kaveri, born on 24/11/2015 and stating thereon that the Proposed Adopters are Parents of the said minor. (c) Leave/permission be granted to apply the concern Municipal Authorities to issue Birth Certificate of the said minor Kaveri, born on 24/11/2015 and stating thereon that the Proposed Adopters are Parents of the said minor. (d) That the Proposed Adopters may be granted leave to remove the said minor KAVERI from the jurisdiction of this Hon'ble Court and to take the said minor to ITALY or wherever they may reside in future." 27. The Judges Order is also separately signed. 28. It is directed that the petitioner institution shall obtain a further undertaking from the Adoptive Parents that they shall not give the minor for further adoption without the prior leave of this Court. Once this undertaking is obtained, a copy of the same shall be filed on the record of this Court. 29. The Foreign Adoption Petition is accordingly disposed of. No order as to costs. 30. This order will be digitally signed by the Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. Petition disposed off.