Family Service Centre v. Naveen Sikka And Leena B. Mehta (Proposed Adopters) And Sanskar (Minor)

JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION JUDGE'S ORDER NO.131 OF 2016 IN FOREIGN ADOPTION PETITION NO.49 OF 2016 Family Service Centre

...Petitioner

And Mr. Naveen Sikka and Another ...Proposed Adopters Mr. Rakesh Kapoor, for the Petitioners.

Mr. O. Hareendran, Scrutiny Officer of ICSW.

Mr. Naveen Sikka and Mrs Leena Mehta, adoptive parents present. CORAM: G.S. PATEL, J DATED:

PC:- 1.

This Petition proposes the adoption of a male child named Sanskar, who was born on 25th October 2014. The biological mother relinquished the minor to the Family Service Centre, Mumbai on 18th November 2014. The Family Service Centre took custody under the orders of the Child Welfare Committee, Mumbai. The CWC then issued a Destitute Declaration and the Legally Free for

Adoption order dated 3rd February 2015. The biological mother did not exercise her rights to claim that the minor. The minor was, therefore, declared free for adoption. The undertaking and the Affidavits of the Petitioner organisation are on record. The necessary certificates are also on file.

2.

The proposed adoptive parents are both American nationals. The adoptive father holds an OCI Card. They live in California, USA. Both adoptive parents are about 38 years old and have been married for 10 years. They have no biological children but have already adopted a daughter named Shivani. She is today four years old. She was originally from Kolkata. Both adoptive parents and Shivani are present before me today. Shivani is clearly extremely close to both adoptive parents. The adoptive father is the CEO of Terviva, California. The adoptive mother works as a Project Director (part-time) with Catchword, California. Their financial documents are in order and part of the record. 3.

I have also seen the child care arrangement plan and this states that on Sanskar's arrival in America, one or both of parents will take leave of absence from work for the first three months and will continue to prioritize his needs and will make suitable arrangements for Sanskar's care. There is also a home study report. This is positive and favours the adoptive parents. 4.

That is also something that I can see for myself since the parents are before me today. I have spoken with them briefly. They live in Oakland, California, in the Bay Area, close to Berkeley and

San Francisco. There are facilities for pre-schooling and schooling in a good public school nearby.

5.

The other documents are on record. One of the medical concerns about the minor is the additional comment that Sanskar has Thalassemia Traits. Both parents have countersigned this report and before me today confirm that they are aware of this and accept it.

6.

Mr. Kapoor tenders a compilation which is taken on record and marked "X1" for identification. This contains the parents passport copies, the Australia Antigen, HIV and other test reports. The other declarations and undertakings and the Power of Attorney are on record as well.

7.

In view thereof, the Judge's Order is separately signed. (G. S. PATEL, J.)