Family Service Centre vs Yuri Doria, Italian And Anita ...
2017 Latest Caselaw 6075 Bom

                                              1
                                                                     904.FAP.41-17.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                   AND
                IN ITS GENERAL AND INHERENT JURISDICTION

                 FOREIGN ADOPTION PETITION NO.41 OF 2017
                                 WITH
                      JUDGE'S ORDER NO.173 OF 2017
                                   IN
                 FOREIGN ADOPTION PETITION NO.41 OF 2017

Family Service Centre                                ...Petitioner
           And 
1. Yuri Doria, and
2. Anita Maria Shalini Ferrari.                      ..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 Family Service Centre proposing the adoption of the

female minor Anjali born on or about 20.11.2015. She was found

abandoned by Nagpada Police Station on 25.11.2015 and

904.FAP.41-17.doc

admitted to the N.I.C.U. of T.N. Medical College & B.Y.L. Nair

Hospital, Mumbai. The minor was thereafter admitted to Asha

Sadan, Mumbai for temporary care and protection.

Subsequently the minor was transferred to the petitioner

institution on 05.12.2015 as per the order of Child Welfare

Committee, Mumbai (for short, 'C.W.C.') dated 04.12.2015 under

section 33 of Juvenile Justice (Care and Protection of Children)

Act, 2000 (for short, 'Act'). The admission order is at page 14.

3. C.W.C. has issued a certificate dated 23.2.2017

declaring the child legally free for adoption stating therein that

"Inquiry report of the Social Worker, photo publication into local

newspapers was on 'Apla Mahanagar' on 14.12.2016 and

'Inquilab' on 17.12.2016. Police evidence was recorded on

17.12.2015. Social worker submitted the report on 17.02.2017. No

one has come forward to claim the child after the D.N.A. test &

photo publication and declaration submitted by (SAA) to the

effect that they have made restoration efforts as required under

sub-section (1) of section 40 of the act, and the rules framed the

under and the Adoption Regulations, but, nobody has claimed

the child as biological parents or legal guardian as on the date of

the said declaration". The commitment order and legally free for

904.FAP.41-17.doc

adoption order is at pages 13 and 15. The undertaking/affidavit

by the Petitioner is at pages 16-20.

4. The Central Adoption Resource Authority, New Delhi

(for short, 'C.A.R.A.), has issued no-objection certificate dated

11.07.2017 to this adoption as per Adoption Regulations 2017

and Article 5 of the Hague Convention on the Protection of

Children and Cooperation in respect of Inter-country Adoption

1993, which at page 21. The proposed adopters are Italian

nationals residing at Milan, Italy, aged about 40 and 38 years

respectively and have been married for last 9 years (21.06.2008)

with no biological children. The second proposed adopter was

born in Mangalore, India on 10.06.1979 and adopted by an

Italian couple. Passport copies of the proposed adopters are at

pages 26 and 30. Health report of the proposed adopters dated

03.11.2016 is on record and it states "They are in good and

strong physical health. Their HIV & HBSAG test reports certifies

the case as 'Negative' (Pages 45-58).

5. The prospective adoptive father is employed as a

Business Clerk with Weishaupt Italia Spa, Italy since 07.11.2011

and his annual income is Euros 44,164.95 (Pages 59-60). The

904.FAP.41-17.doc

prospective adoptive mother is working as a Personnel

Management and Development Specialist with Saipem Spa, Italy

since 27.04.2005 and her annual gross income is Euros

49,025.34 (Pages 62-63). Income Tax Returns for A.Y. 2016,

2013 and 2012 of the proposed adopters are at pages 68-99. The

bank statements, attestation and declaration of personal

conditions and property Certification are at pages 100-114.

6. The childcare arrangement plan declaration by the

prospective adoptive mother is at page 116 and it states that "To

avail myself of the paid maternity leave as foreseen by the Italian

normative and to be helped by my relatives to take care of the

minor". Home study report dated 26.01.2017 by the authorities

of "International adoption" Italy is at pages 120-128 and it states

that "The overall valuation of the couple and of their educative

and affective specifications is positive. There is no problematic

traits emerge either in their health, the dynamics of the couple,

or in their individual personalities. They possess affective and

educative competences adequate to welcome an adoptable minor

according to the specifications set out and indicated by them. In

light of the relationship established during the course of

accompaniment with the couple in question, the author confirms

904.FAP.41-17.doc

that the couple's resources are adequate to welcome a child up

to the age of 5 years old". The suitability decree dated 17.11.2015

from the Juvenile Court of Milan, Italy and Adoption Guarantee

Letter dated 24.01.2017 issued by the Commission for Inter-

Country Adoption on behalf of the Government of Italy is at

pages 131-135.

7. Guardianship letter dated 05.06.2017 by the parents of

second proposed adopter to look after the proposed minor in

case of any mishap to the proposed adopters is at page 151. The

medical examination report of the minor Anjali dated 21.04.2016

states that "Past medical Details: Symptomatic Hypocalcaemia

and fatal alcohol syndrome and history of congenital Acyanotic

heart disease. Description of the mental development, behavior

and skills of the child states: Normal mental development for

age". (Pages 159-172). The proposed adopters have

countersigned this report and also gave a separate letter of

acceptance. H.I.V. report of the proposed minor dated 17.07.2017

certifies the case as 'Non-Reactive', which is at page 176.

8. Post-card size photograph of the minor is at page 175.

Undertaking of proposed adopters is at page 177. Undertaking

904.FAP.41-17.doc

dated 17.05.2017 by the Authorized Foreign Adoption Agency

"International Adoption", Italy is at page 171. Copy of General

Power of Attorney dated 12.06.2017 duly signed by the proposed

Adopters in favour of the petitioner institution is at pages 183-

185. Indian Placement Agency (Family Service Centre, Mumbai)

recognition from the Women & Child Development, Maharashtra

State to place children in adoption is valid for a period from

1.8.2014 to 31.7.2019. The ICSW report dated 12.8.2017

submitted by Mr.O. Hareendran, Scrutiny Officer, is taken on

record and marked 'X' for identification.

9. In view thereof, the Petition is allowed in terms of

prayer clauses (a), (b) and (c). A Judge's Order is signed

separately. Order accordingly.

(R. G. KETKAR, J.)

Deshmane (PS)