Children Of The World India Trust v. Blumetti Pierluigi, Italian And ANR(Pro. Adopters) And Santosh (Minor)

906 FAP NO.14-2016.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION JUDGE'S ORDER NO.38 OF 2016 IN FOREIGN ADOPTION PETITION NO.14 OF 2016 Children of the World India Trust

...Petitioner

And Mr. Blumetti Pierluigi & Anr.

...Proposed adopters Mr. Rakesh Kapoor, Adv. for the Petitioner.

Mr. O. Hareendran, representative of ICSW present. CORAM: G.S. PATEL, J DATED:

9th March 2016 PC:- 1.

The minor in this case is about 6 years old. From the documents annexed to the Petition (at page 80, part of the home study report), I find that Italian Law, which applies to the adoptive parents, permits the adoption of a child of a foreign nationality, between 0 and 5 years old. Since the minor Santosh is born on 25th December 2009, he has already passed that age and is about 6 years old now. As a result, the adoptive parents have applied for order

906 FAP NO.14-2016.DOC dated 8th February 2016 from the Office of the Presidency of Council of Ministers Commission for Inter-country Adoptions in Italy. This declaration or order permits the adoption of Santosh by the adoptive parents subject to certain conditions, viz., a statement in the order by this Court that Santosh is free for adoption and that there is no possibility of placement in India. This order is, therefore, issued on that basis, clearly stating that Santosh is indeed free for adoption and that there is no possibility of his placement in India. These statements are also to be found in the Petition itself. This satisfies the requirement of the Italian law's requirements for the time being.

2.

Mr. Kapoor also tendered a compilation showing the tax, bank and property documents of the proposed parents and the child care plans. This compilation is taken on record and marked "X" for identification. There is also a summary synopsis of the case signed by Mr. O. Hareendran, Scrutiny Officer, Indian Council for Social Welfare. This also taken on record. It is marked "X1" for identification.

3.

In view of this, the Judge's Order is separately signed. It is clarified that an authenticated copy of the present order is to accompany the Judge's Order as well.

4.

The Foreign Adoption Petition is disposed of. (G. S. PATEL, J.)