Bombay High Court
Adharashram vs Bradley Lawrence Price And Anr ... on 16 August, 2017
Bench: Rajesh G. Ketkar
1
902.FAP.39-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
FOREIGN ADOPTION PETITION NO.39 OF 2017
WITH
JUDGE'S ORDER NO.161 OF 2017
IN
FOREIGN ADOPTION PETITION NO. 39 OF 2017
WITH
JUDGE'S ORDER NO.162 OF 2017
IN
FOREIGN ADOPTION PETITION NO. 39 OF 2017
Adharashram ...Petitioner
And
1. Bradley Lawrence Price, and
2. Nicole Lee Price. ..Proposed adopters
....
Mr. Rakesh Kapoor, Advocate for the Petitioner.
Mr.O. Hareendran, Scrutiny Officer, Indian Council of Social Welfare, is
present in person.
....
CORAM : R. G. KETKAR, J.
DATE : 16th AUGUST, 2017
(In Chambers)
P.C.
1. Heard Mr.Rakesh Kapoor, learned counsel for the
petitioner and Mr.O. Hareendran, Scrutiny Officer of Indian
Council of Social Welfare (for short, ICSW), at length.
2. This is a Foreign Adoption Petition filed by the
petitioner Adharashram proposing adoption of the male minor
Kunal born on 19.4.2012 and female minor Palak born on
902.FAP.39-17.doc
22.4.2014. They were surrendered by their grand-father before
the Child Welfare Committee, Nashik (for short, 'C.W.C.') on
18.08.2016 stating that both the parents of minors have expired.
He is unable to look after minors due to his old age and poor
financial condition. Subsequently, C.W.C. admitted the minors
to the petitioner institution Adharashram, Nashik for their safe
custody vide their orders dated 18.08.2016 under section 36 (1)
of Juvenile Justice (Care and Protection of children) Act , 2015
(for short, 'Act' which are at pages 15-18.
3. C.W.C. has issued certificates declaring the child
legally free for adoption dated 07.12.2016 stating that "In exercise
of the powers vested in C.W.C. under Section 41 (4) of the Act,
male minor Kunal born on 19.04.2016 and female minor Palak
born on 22.04.2014 respectively, placed in the care of the
specialized adoption agency/child care institution Adharashram,
Nashik vide order Nos. 26/2016 and 27/2016 dated 07.12.2016
of this Committee, are hereby declared legally free for adoption
on the basis of deed of surrender executed by the biological
parents or legal guardian of the children before this committee
on 18.08.2016 and declaration submitted by District Children
Protection Unit and specialized adoption agency to the effect that
902.FAP.39-17.doc
they have made restoration efforts as required under these
guidelines and relevant rules, but nobody has approached the
agency for claiming the said minors as on date of the said
declaration". The free for adoption orders and background
information of Kunal & Palak are at pages 13-14 & 19. The
undertaking/affidavit by the petitioner is at pages 20-24. Central
Adoption Resource Authority (for short, 'C.A.R.A.') has issued
their no objection certificate dated 14.06.2017 to this adoption as
per adoption Regulations 2017 and Article 17 (c) of the Hague
Convention on the Protection of Children and Cooperation in
respect of Inter-country Adoption 1993, which is at page 25. The
proposed adopters are American nationals residing at Alabama,
U.S.A. aged about 39 and 35 years respectively. They have
been married for the last 04 years (20.04.2013) with no
biological children. However the first proposed adopter have two
biological children a son "Jarrod Isaac" aged about 13 years and
a daughter "Reagan Victoria" aged about 12 years from his
previous marriage. He was earlier married on 25.5.2002 and
divorced on 29.11.2011. The birth certificates & consent of the
biological children and divorce decree of first proposed adopter
are at pages 41-44 & 49-52. The passport copies of the proposed
902.FAP.39-17.doc
adopters are on record at pages 29-32. Health reports dated
23.10.2016 of the proposed adopters state that "The applicants
state of health suitable for raising a child. Their HIV & HBsAG
test reports certifies the case as 'Negative'", which are at pages
54-72. The first proposed adopter is working as a Youth Pastor
at First Baptist Church in Slocomb, Alabama, USA and his gross
annual salary is $ 39,046.80 (page 74). His wife is working as a
Field Staff with Cru since 16.7.2009 and her annual gross salary
is $ 18,976.00 (at page 76). The U.S. Individual Income Tax
Return 2015 is at pages 79-80. The supportive financial
documents and proof of residence and property statement are
tendered in the Court today which are taken on record and
marked 'X1' collectively, for identification. Child care plan from
the proposed adopters is at page 82.
4. Home study report of the prospective adoptive parents
dated 16.01.2017 from the authorities of Children of the World
Inc. USA." is at pages 84-98 and it states "Mr. & Mrs.Price met
all of the criteria to adopt a child in the State of Alabama and
India. The couple also meets the requirements for adoption as
required by India in regard to age, length of marriage, number of
children in their household, health and physical fitness, criminal
902.FAP.39-17.doc
clearance, education, employment, income and ability to parent
an orphan. Mr. & Mrs. Price are approved to adopt a child of
either gender under the age of four years with mild to moderate
medical special needs or a sibling group of two with the older
child being no more than nine years old where either or both
have mild to moderate medical special needs".
5. The Approval Notice dated 31.03.2017 from the
Department of Homeland Security is on record and it states that
the approval expiration date is 15.6.2018 (Page 105). The "Article
5" Letters from Embassy of the United States of America dated
26.5.2017 is at pages 108-111. HIV reports dated 20.06.2017 of
the minors certifies the case as 'Negative' at pages 148-149. The
Post Card size photograph of the minors are at pages 150-151.
Physical examination report of the proposed minor Kunal dated
13.02.2017 states, "Eyes: Refractive Error (required glasses).
Ears: Hearing loss mixed in right ear (03.01.2017-Audio-Metry
done)." His assessment report dated 26.12.2016 is also on record
and it states that "Kunal has age appropriate development and
average intelligence. His IQ is 94.6." The proposed adopters have
countersigned these reports at pages 125-134. Physical
examination report of the proposed minor Palak dated
902.FAP.39-17.doc
13.02.2017 states that "Eyes: Refractive Error (required glasses)."
Her Assessment Report dated 26.12.2016 is also on record and it
states that "Palak has age appropriate development and average
intelligence. Her IQ is 87.5 The Proposed Adopters have
countersigned these reports at pages 139-147. The consent and
willingness by the proposed adopters are taken on record and
marked 'X2', for identification. The undertaking dated 05.10.2016
by the Authorized Foreign Adoption Agency "Children of the
World Inc., U.S.A." is at page 153. The Special Power of Attorney
duly signed by the proposed adopters dated 23.05.2017 in favour
of the Petitioner institution is at pages 155-157. The Indian
Specialized Adoption Agency (Adharashram, Nashik) Certificate
of Recognition to do in-country adoption from the State
Government is valid for a period up to 05.11.2020. The ICSW
report dated 27.7.2017 submitted by Mr.O. Hareendran, Scrutiny
Officer, is taken on record and marked 'X' for identification.
6. In view thereof, the Petition is allowed in terms of
prayer clauses (a), (b) and (c). Two Judge's Orders are signed
separately. Order accordingly.
(R. G. KETKAR, J.)
Deshmane (PS)
