Indian Association For Promotion Of Adoption And Child Welfare v. Joshua Andrew Mccain And Erin Aleece Mccain
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION FOREIGN ADOPTION PETITION NO. 21 OF 2018 WITH JUDGE'S ORDER NO. 114 OF 2018 Indian Association for Promotion of Adoption & Child Welfare
...Petitioner
And Joshua Andrew Mc Cain and Erin Aleece McCain wife of Joshua Andrew McCain ...Proposed Adopters Smt Lalita Jaya, for the Petitioner.
Mr O Hareendran, Scrutiny Officer, ICSW, is present. CORAM: G.S. PATEL, J DATED:
PC:- 1.
The Foreign Adoption Petition proposes the adoption of a male minor, Jeet, who was born on 23rd June 2017. He was relinquished by his mother to the Child Welfare Committee on 29th June 2017. Safe custody was given to the Petitioner Institution on that day. A copy of the admission order is tendered by Ms Lalita Jaya in a separate compilation which is taken on record and marked "X" for identification with today's date.
2.
Jeet has been declared legally free for adoption. The deed of surrender executed by the biological parents and the legal guardian of the child is also submitted. There is an undertaking or an Affidavit by the Petitioner.
3.
CARA, New Delhi has issued a no-objection certificate. 4.
I have considered the Petition and its annexures. The adoptive parents are citizens of USA. They reside in Alabama. They are 28 and 35 years old. They have been married for eight years. They have three biological children, two daughters aged six and four and a son who is two years old. The children's birth certificates and health reports are on record, as are the health reports of the adoptive parents. The necessary passport copies are also available. 5.
The reason for this adoption is that the adoptive parents have two daughters and a son. It is their desire to have two children of each gender. They have specifically also requested to be allowed to take in adoption a child with special needs. This is noted with appreciation.
6.
The adoptive father works as Project Manager. His estimated annual salary is US$ 90,000. The adoptive mother is a home maker. Their financial and tax documents are on record. I have also seen the child care arrangement plan, child security letter and home study report which are all entirely positive.
7.
The medical examination reports for Jeet dated 12th October 2017 and 17th February 2018 say that he has Distal Renal Tubular Acidosis. This was first diagnosed when he was two and half months old. He has been put on a course of treatment and is responding well to this. The adoptive parents have been made aware of this condition. They have signed the reports.
8.
There is a joint declaration of willingness by the adoptive parents. The HIV report of the minor is negative. There is also an undertaking by the Authorized Foreign Adoption Agency, "Children of the World", USA. The other documents are in order. 9.
I have seen the scrutiny report presented by Mr O Hareendran, Scrutiny Officer of the Indian Council of Social Welfare which is on record.
10. In view of this, I will allow the Petition. The Judge's Order is separately signed.
11. The Registry will get the Petition with all its annexures and all orders, including the signed Judge's Order, scanned. These digital copies are to be preserved. A soft copy may be given to the Advocate for the Petitioner free of cost on a pen drive provided by the Advocate for the Petitioner for the same. The Registry will ensure that the scan of the Judge's Order is a properly calibrated colour scan.
(G. S. PATEL, J)