Bal Anand v. Mr Joseph Arrigo And ANR (Adopters)
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION JUDGE'S ORDER NO. 201 OF 2016 IN FOREIGN ADOPTION PETITION NO. 69 OF 2016 Bal Anand
...Petitioner
And Mr. Joseph Arrigo and Another.
...Proposed Adopters Mr. Rakesh Kapoor, for the Petitioner.
Mr. O. Hareendran, Scrutiny Officer of ICSW.
CORAM: G.S. PATEL, J DATED:
PC:- 1.
The Petition proposes the adoption of a male minor, Sahil. He was born on 3rd October 2015. His biological mother relinquished him to the Child Welfare Committee, Sindhudurg, Maharashtra on 7th November 2015. He was given in custody to the Petitioner institution, Bal Anand, on 20th November 2015 and admitted to that institution on 26th November 2015.
2.
Sahil has been subsequently declared legally free for adoption. That order is on record as is the no-objection certificate from CARA, and the undertaking and Affidavit of the Petitioner. 3.
The adoptive parents are from Malta. They are both 37 years old. They have been married for the last 10 years, since 16th December 2006. They have no children of their own. Their medical reports are in order. Mr. Kapoor tenders a compilation today with the additional requirements. This is taken on record and marked "X" for identification. It contains the proposed adopters' HIV and Hepatitis B reports, all of which are clear.
4.
The proposed adoptive father is a self-employed lawyer with a substantial income. His wife works as an assistant registrar at a school and college. Their combined income is sufficient. The compilation also contains further bank references and supporting financial documents as also the child care arrangement plan. 5.
The Child Care plan clearly says at page 46 of the Petition that upon the minor's arrival at his new home, the adoptive mother will stop working for the first six months so as to be able to care for him. Her working hours are flexible. She intends to enrol the child at the same school where she works. She explains that there are other adopted children at this particular school and all are very well supported by the professionals who work there. For his part, the father explains that he intends to take the first few days off from work and will thereafter be personally involved in the upbringing of the child. Their respective parents are supportive and will render
such assistance as required. They too live in the same village as the adoptive parents. The adoptive mother's own mother is employed part-time and has the necessary additional time to help with the infant. The home study report is very positive. The liabilities are low. The couple have substantial assets. They have a stable relationship and good values.
6.
The HIV report of the minor is also on record. It is negative. The medical examination report states that the minor was a premature baby with a low birth weight. He has certain developmental issues as a result, but with continued therapy there has been significant improvement. He continues to need regular occupational therapy and responds to his name. The adopters have countersigned the report.
7.
The Scrutiny Report from Mr. Hareendran of the ICSW is taken on record and marked "X1" for identification.
8.
The documents being in order, I will proceed to allow the Petition and the Judge's Order is separately signed. (G. S. PATEL, J.)