Bal Asha Trust v. Eric Paul Flores And Kristin Joy Flores And Roshani (Minor)

ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION FOREIGN ADOPTION PETITION NO. 46 OF 2016 Bal Asha Trust

...Petitioner

Versus

Mr. Eric Paul Flores & Mrs. Kristin Joy Flores ...Proposed Adopters Mr. Rakesh Kapoor, for the Petitioner.

Mr. O. Hareendran, for ICSW.

CORAM: G.S. PATEL, J DATED:

13th July 2016 PC:- 1.

This Petition proposes the adoption of a female minor, Roshani, born on 28th April 2015. She was relinquished to the Child Welfare Committee, Mumbai by her biological mother on 11th May 2015. She was then placed in the safe custody of the Bal Asha Trust, Mumbai. She has since been declared free for adoption as none have come forward to claim her.

2.

The adoptive parents are Americans. They are 36 and 37 years old respectively. They have been married for 14 years. They have two biological children, both sons, aged 8 and 5 years. The adoptive father works as Assistant Principal with William Howard Taft High School in Chicago. The adoptive mother is an

independent contractor at Psychotherapy Associates since 2010. Their combined income is substantial. The financial papers are in order.

3.

The child care arrangement proposes that the two parents will look after the adopted minor with no outside day care. The mother works one evening a week but is otherwise at home. This will continue after the adoption is complete and will go on till all children in the house are in school full time. During the brief time that the mother is at work, the father will be the caregiver. 4.

I have also seen the Home Study Report. There is a photograph of the family. Mr. Kapoor tenders additional photographs. These are taken on record and marked "X1" (collectively) for identification. It seems that both sons are aware of the female child adoption. One of them, Milo, has in his own writing put in a note saying that he looks forward eagerly to have a little sister coming into the home. There is also a child's drawing at page

39. By all accounts, this appears to be a happy, secure and wellprovided for family. They also have a pet dog, namely, Yuki, of whom the family is very fond.

5.

The minor's medical report is in order, except that it mentions that she had once tested positive for HIV. A further testing with PCR was then awaited. Her BERA test suggested mild to moderate hearing loss in both ears. The recommendation was to repeat this test after three to six months.

6.

At the time the Petition was filed, approval from the receiving country was also pending.

7.

Today, Mr. Kapoor tenders a compilation that contains the approval letter and reports of updated tests. These seem now to indicate that her hearing is within normal limits. The HIV has been subsequently seen to be non-reactive. The receiving country approval is also part of the compilation that Mr. Kapoor tenders. The compilation is taken on record and marked "X2" for identification.

8.

I have also before me available the scrutiny report of Mr. Hareendran, Scrutiny Officer of ICSW. It is dated 20th June 2016. It is taken on record and marked "X3" for identification.

9.

In view of this, the Petition is allowed.

10. The Judge's Order is signed separately.

(G. S. PATEL, J.)