Children Of The World India Trust, v. Andress Frank Alegre American And Lacey Noel Alegre (Pro. Adopters) And Sedona Alegre (Minor)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS GENERAL AND INHERENT JURISDICTION FOREIGN ADOPTION PETITION NO. 9 OF 2017 WITH JUDGES ORDER NO.21 OF 2017 IN INDIAN ADOPTION PETITION NO. 8 OF 2017 Sadhana @ Sedona Alegre... Minor Children of the World India Trust ... Petitioner And 1 Mr. Andress Frank Alegre and 2 Mrs. Lacey Noel Alegre ... Proposed Adopters Mr.Rakesh Kapoor for the Petitioner.

Mr.O. Hareendran, Scrutiny Officer of ICSW.

CORAM : K.R.SHRIRAM, J.

(IN CHAMBERS) DATE : 15th FEBRUARY, 2017 P.C. :

The petition proposes adoption of a Female minor Sadhana, born on or about 14th October 2015 by nationals of United States of America. The said female child was found abandoned by Bhoiwada Police Station, Bhiwandi and brought before the Child Welfare Committee, Thane on 21st October, 2015 and the self custody of the said minor was given to the Petitioner-Institution by an order, dated 21st October 2015 under section 33(4) of the Juvenile Justice Act 2000 for a period of three years. 1/4

The Child Welfare Committee, Thane, by an order dated 13th April 2016 declared the said Child legally free for adoption. Reports of Social Worker, dated 24th February 2016 as well as 'No Objection', dated 1st March 2016 from Bhoiwada Police Station, Bhiwandi are on records. The Central Adoption Resource Authority (CARA), New Delhi has issued No Objection Certificate, dated 10th January 2017 in conformity with the Guidelines Governing the Adoption of Children, 2015. I have considered the petition, annexures thereto and the Report dated 8th February, 2017 from the Scrutiny Officer of Indian Council of Social Welfare (ICSW) which is taken on record and marked 'X' for identification. It is stated that H.I.V. Report of the proposed minor requires to be submitted.

The Advocate for the petitioner tenders a letter dated 15th February 2017 forwarding a photocopy of a Certificate dated 17th February 2017 issued by one Dr.Vivek Diagnostic Centre, Navi Mumbai certifying that the minor does not have HIV (I & II). Shri Kapoor undertakes to provide the original during the course of today to Mr.Kesarkar, the Chamber Registrar. The letter together with photocopy is taken on record and marked 'X-1' for 2/4

identification. When the original is received, the Chamber Registrar to mark the same as 'X-2' for identification.

The Proposed Adopters are American Nationals, aged about 32 and 29 years, respectively, residing at Tacoma, WA, USA. They have been married for the past 4 years and have one biological daughter "Sawyer Cecilia", aged about 21⁄2 years. The Health Reports of the Proposed Adopters dated 3rd February 2016 states that they are in good health and not suffering from any infectious disease like HIV and Syphilis. The Proposed Adoptive father is working as Artillery Officer (Detachment Commander) with United States Army for the last 8 years and his yearly emoluments at present are US$ 101,1796. The Adoptive Mother is a Housewife. The U.S. Individual Income Tax Returns of three years years, i.e., 2013, 2014 and 2015, respectively, are on record.

The Medical Reports of the minor child also indicate that the child has Persistent Diarrohea at the age of 5th month along with severe sepsis of and the same is countersigned by the Proposed Adoptive Parents. Shri Hareendran, Scrutiny Officer of ICSW states that the minor does not have any more Diarrohea and the child has recovered very well.

not find any impediment in granting the relief sought in this petition. In view of this, the petition is allowed and the Judges Order is separately signed.

(K.R. SHRIRAM, J.) 4/4