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Bombay High CourtJO/130/2018disposed off

Children Of The World India Trust v. Andrea Rossi And Alice Cannoni (Prop. Adopters)

2018-07-05Hon'Ble Shri Justice G.S. Patel3 pages

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION FOREIGN ADOPTION PETITION NO. 24 OF 2018 WITH JUDGE'S ORDER NO. 130 OF 2018 Children of the World India Trust

...Petitioner

Versus

Andrea Rossi and Alice Cannoni ...Proposed Adoptive Parents Mr Rakesh Kapoor, for the Petitioner.

Mr O Hareendran, Scrutiny Officer, ICSW, is present.

CORAM:

G.S. PATEL, J DATED:

PC:- 1.

Heard.

2.

This is a Foreign Adoption Petition. The minor Narendra was born to an unwed minor mother on 14th June 2017. He was admitted to the Petitioner institution, Children of the World India Trust, Nerul, Navi Mumbai on 7th July 2017. He was with the institution for three months. Later, the minor's maternal grandmother on behalf of the biological mother surrendered the minor to the Child Welfare Committee, Thane on 9th August 2017.

3.

The Child Welfare Committee, Thane has, after following the necessary procedures, declared Narendra free for adoption by an order of 10th November 2017. There is an undertaking by the Petitioner on record.

4.

CARA has issued its no objection certificate. 5.

The proposed adoptive parents are from Italy. They are 44 and 36 years old respectively. They have been married for six years. They have two biological sons, aged 8 years and 4 years. The adoptive father was earlier married in 2002. He divorced in 2011. The divorce decree is on record.

6.

The medical examination report for Narendra indicates that he has a moderate hearing loss in his right ear. The other development parameters are in order. The summary report of the Ali Yavar Jung National Institute of Speech and Hearing Disabilities is on record and the adoptive parents have signed this. Their own medical reports are in order.

7.

The adoptive father works with the local police and has an annual income for 2017 of over Euro 24,000. The adoptive mother also works with the local police with an income of over Euro Rs 23,000/- for the year 2017. The tax and finance documents are on record.

8.

There is a Child Care Arrangement which is positive. The Home Study Report is also positive and recommends the adoption.

There is a guardianship letter from the adoptive father's brother and sister-in-law. The other documents are all in order. 9.

I have also seen the scrutiny report presented by Mr O Hareendran, Scrutiny Officer of the Indian Council of Social Welfare which is on record.

10. Having regard to all these circumstances, I will allow the Petition. The Judge's Order is signed separately.

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)