Bala Mandir Kamaraj Trust v. No Respondent

R.SUBRAMANIAN, J.

This original petition has been filed under Section 56(4) of the Juvenile Justice (Care & Protection of Children) 2015 (2 of 2016) r/w regulations 12(2) and 17(1) of the Adoption Regulations.

2. The first petitioner is a recognized trust and specialized adoption agency under Section 65 of the above act. The petitioners 2 and 3 are the foreigners, who had sought for adoption of the child. The power of attorney agent of the petitioners, Ms.Chitra Krishna is working as social worker at Bala Mandir Kamaraj Trust, which is a child welfare organisation. The minor child Aditya, who was born on 10.08.2017 was abandoned at maternity hospital, Egmore. The child was handed over to the Child Welfare Committee and transferred to the Bala Mandir Kamaraj Trust for adoption on 27.10.2017. The child was declared as abandoned and free for adoption by the report of the Child Welfare Committee dated 02.02.2018. The 2nd and 3rd petitioners, who are the citizens of USA have come forward to adopt the child. The power agent of the 1st and 2nd petitioners, Mrs.Chitra Krishnan has been examined as P.W.1. She has produced the following the documents:-

S.No Date Particulars Remarks Exs.

Marked 19.08.2015 Power of Attorney from the SAA Copy Ex.P1 26.03.2019 General Power of Attorney Copy Ex.P2 29.04.2019 Certificate of Recognition by State Government Copy Ex.P3 27.10.2017 Transfer letter of the Child Copy Ex.P4 02.02.2018 Child Welfare Committee Clearance Copy Ex.P5 10.01.2019 Child Study Report Original Ex.P6 29.03.2019 Medical Examination Report Original Ex.P7 31.03.2019 NOC from CARA Copy Ex.P8 31.07.2018 Home Study Report Original Ex.P9 04.08.2010 Certificate of Marriage Notarised Copy Ex.P10 23.07.2018 Certificate of Medical Fitness Original Ex.P11 11.07.2018 16.07.2018 Proof of Income Original Ex.P12 11.07.2018 Adoptive parents police clearance Original Ex.P13 26.03.2019 Letter of consent and Declaration of Willingness Adoptive parents Notarised Copy Ex.P14 Passport of Adoptive parents Notarised Copy Ex.P15 25.03.2019 Undertaking by Sponsoring Agency Original Ex.P16 Photograph of the minor child Original Ex.P17

3. A perusal of the exhibits particularly, Exs. P7, P8, P9, P12 and P13 would show that the adoptive parents are fit for adoption of the child. The home study report also reveals that they are willing to take care of the child. The adoptive parents have also filed their declaration of willingness to adopt the child as Ex.P14.

4. Considering the above evidence, I find that the welfare of the minor child will be better placed in the hands of the adoptive parents. Hence, this original petition is allowed, declaring the prospective adoptive parents of the said minor child, Adithya as his parents for all purpose allowed by the law and is allowed to be taken to the country of their residence for up-bringing the child as their own child with the legal status of a biological child. Birth certificate issuing authority is directed to issue birth certificate of the child within 5 working days from the date of application. Regional Passport officer is directed to issue passport for the said child within 10 days from the date of application as per subregulations (4) of the regulations 18 and 38 of CARA Regulations. 21.08.2019 kkn

R.SUBRAMANIAN, J.

kkn 21.08.2019