Maharashtra State Womens Council Adoption Group v. Michele Spinnato

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION FOREIGN ADOPTION PETITION NO. 5 OF 2025 WITH JUDGE'S ORDER NO. 34 OF 2025 IN FOREIGN ADOPTION PETITION NO. 5 OF 2025 MAHARASHTRA STATE WOMEN'S COUNCIL ) ADOPTION GROUP )...PETITIONER AND MICHELE SPINNATO )...PROPOSED ALESSANDRA TARQUINI )ADOPTIVE PARENTS Ms.Dipal Mehta, Advocate for the Petitioner.

Mr.O.Hareendran, Scrutiny Officer, ICSW, present. Mr.Michele Spinnato, Proposed Adoptive Father, present through Video Conferencing.

Mrs.Alessandra Tarquini, Proposed Adoptive Mother, present through Video Conferencing.

Ms.Anna Fantin, AFAA, present through Video Conferencing. Ms.Ujwala Ashtankar, Social Worker, present.

Mr.Dilip Gurav, Chamber Registrar, present.

CORAM

:

ABHAY AHUJA, J.

DATE :

3rd APRIL 2025 P.C. :

1.

This Foreign Adoption Petition filed by the Maharashtra State Women's Council seeks order of this Court to appoint Mr.Michele avk 1/3

Spinnato, aged 41 years and his wife Mrs.Alessandra Tarquini, aged 43 years, as parents of male minor Shriparn, now in the care of the Petitioner.

2.

When the matter is called out, Ms.Mehta, tenders the following documents under cover of communication dated 3rd April 2025: (i) The updated Medical report / Status of minor. (ii) True copy of the Letter of Acceptance of minor by Proposed Adoptive Parents.

(iii) Signed true copy of the updated medical reports duly signed by Proposed Adoptive Parents.

3.

Ms.Mehta submits that in view of the update medical reports duly accepted by the Proposed Adoptive Parents, the minor is no longer a special needs child. Let the said documents and the covering letter be taken on record.

4.

Let this information be shared with all concerned agencies and authorities including CARA and ICSW involved in grant of approvals in this proposed adoption and let the said agencies and authorities furnish an updated report / approval duly notarized / legalized by the next date.

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5.

In the event the male minor Shriparn is still a special needs child as per the further reports, let the AFAA - Lo Scoiattolo Onlus, Italy, furnish to this Court a further report as well as a report from a Milan / Italian equivalent of a Civil Surgeon in Mumbai, on the following two aspects:- (i) that the prospective parents viz. Mr.Michele Spinnato and Mrs.Alessandra Tarquini are not only financially and physically suitable, having the time and the resources and wherewithal for Shriparn's treatment and therapies, to adopt Shriparn, who is a special needs' child suffering from Ostium Secundum Atrial Septal Defect [OS ASD] in the heart of 3.50 mm with left to right shunt and from bilateral refractive error with intermittent esotropia; and (ii) in the event this adoption is allowed and he is accepted as an Italian citizen, adequate State facilities are available in Milan / Italy for Shriparn's treatment, care, rehabilitation and dignified life with his attendant condition and special needs.

6.

List on 26th June 2025.

(ABHAY AHUJA, J.) avk 3/3 ARTI VILAS KHATATE by ARTI VILAS KHATATE Date:

2025.04.05 11:12:19 +0530