Vatsalya Trust, Mumbai v. Antonio Colaco And Jancie Damaca Dias (Pro Adop) And Snigdha Alias Clarice J. Colaco (Minior)

Mohite

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TRUSHA TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION TRUSHA TUSHAR MOHITE Date: 2025.11.27 18:42:39 +0530 INDIAN ADOPTION PETITION NO. 88 OF 2025 WITH JUDGE'S ORDER NO. 127 OF 2025 Vatsalya Trust Mumbai

...Petitioner

Versus

Antonio Colaco and Janice Damaca Dias (Pro. Adop.Parents) ...Proposed Adopters ---------- Ms.Aarti Kulkarni for the Petitioner.

Ms.Vandana M. Chinchalkar, Scrutiny Officer, ICSW present. Mr. D.S. Gurav, Chamber Registrar is present. ---------- CORAM : FIRDOSH P. POONIWALLA, J.

DATE : 21st NOVEMBER, 2025.

ORDER :

1.

By this Indian Adoption Petition, the Petitioner and the Proposed Adoptive Parents have sought adoption of the female minor Snigdha @ Clarice Jazzlyn Colaco ("the said female minor") born on 28th October 2024.

2.

The female minor Snigdha was born on 28th October 2024 and the biological mother surrendered her child before the Child Welfare Committee (CWC), Mumbai Suburban-I on 07th 1/9

November 2024 and the child's safe custody was given to the Petitioner institution on the same day as per the order of the said CWC dated 07th November 2024 under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015. The admission order of the CWC is on record at page No.22 to the Petition. 3.

After making due inquiry under section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Child Welfare Committee, Mankhurd, Dist. Mumbai declared the said female minor "Legally Free for Adoption" on 07th January 2025. The Free for adoption Certificate is on record at page Nos. 23-24 to the Petition.

4.

The Prospective Adoptive Parents are Indian nationals, residing at Pilar, Goa aged about 41 and 34 years respectively. They have been married for the past 6 years (16th May 2019) with no biological children.

5.

The Motivation Letter from the Prospective Adoptive Parents is on record at page No. 32 to the Petition. 6.

Affidavit by the Chief Functionary of the Specialized Adoption Agency (Petitioner) in support of the adoption of the said 2/9

female minor is on record at page Nos. 121-126 to the Petition. 7.

The Minutes of Adoption Committee Meeting held on 07th May 2025 is on record at page No. 20 to the Petition. It states that the Prospective Adoptive Parents are suitable to adopt said female minor.

8.

The Medical report dated 06th May 2025 of the prospective adoptive parents is on record at page Nos. 28-31 to the Petition and it states that they are fit to adopt a baby. Their HIV and HBsAg Test reports certify the case as Negative. 9.

The prospective adoptive father is working as a Stateroom Attendant with Carnival Cruise Line since 16th December 2012 and his income Pay Period 29th April 2024 to 12th May 2024 is $1,489.55. His Employment certificate and pay slip are on record at page Nos. 46-47 to the Petition.

10.

The prospective adoptive mother is working as a Teacher at Fr. Agnel High School, Pilar, Goa since June 2015 and her monthly gross salary is Rs. 58,380/-. Her Employment/Salary Certificate and Income Tax Returns are on record at page Nos. 48-51 to the Petition.

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11.

The copies of Pan Card, Proof of Residence and supportive financial documents are on record at page Nos. 33-38 & 52-60 to the Petition.

12.

The childcare arrangement plan undertaking of the prospective adoptive mother's mother is on record at page Nos. 117120 to the Petition. 13.

The home study report Part I: Self-Assessment Reports by the Prospective Adoptive Parents is on record at page Nos. 61-70 & 79-87 to the Petition.

14.

The Home Study Report Part II Assessment Reports dated 25th September 2021 and 21st August 2024 of the Specialized Adoption Agency "Caritas-Goa", Panjim, Goa have found the prospective adoptive parents suitable for adopting a child. The said reports are on record at page Nos. 71-78 & 88-92 to the Petition. 15.

The child security undertaking dated 20th May 2025 given by the cousins of the prospective adoptive parents residing at Navelim, South Goa to look after the said female minor in case of any mishap to the prospective adoptive parents is on record at page Nos. 98-102 to the Petition.

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16.

The Medical Examination Report of the said female minor dated 23rd April 2025 is on record and it states "Health status of the child: Normal. Overall observation of the child: Her development is a dynamic process and may show variation with time. At present her overall mental and physical development is within normal limits". The prospective adoptive parents have countersigned the said report, which is on record at page Nos. 106112 to the Petition. 17.

The HIV report of the said female minor dated 12th November 2024 certifies the case as Negative. This report is on record at page No.114 to the Petition.

18.

The Photograph of the said female minor is on record at page No. 116 to the Petition.

19.

The Declaration of consent and undertaking by the prospective adoptive parents is on record and it states that they are willing to be appointed and declared as the adoptive parents of the said female minor. The said Declaration is on record at page Nos. 39-41 to the Petition.

20.

As regards the change of name, the prospective adoptive 5/9

parents desire that the said male minor 'Snigdha' be renamed as "Clarice Jazzlyn Colaco.

21.

The pre-adoption foster care undertaking dated 02nd May 2025 is on record at page Nos. 42-45 to the Petition. 22.

The Undertaking dated 03rd May 2025 given by the Specialized Adoption Agency "Caritas-Goa", Panjim, Goa for furnishing post adoption follow-up reports is on record at page No.129 to the Petition.

23.

The Petitioner institution's recognition from the Women & Child Development, Maharashtra State to place children in adoption is valid up to 30th September 2025. However, the Petitioner institution has applied for renewal and in the interregnum has filed this adoption petition under the provisions of Regulation 25

(4) & (5) of the Adoption Regulations 2022.

24.

Mr. O. Hareendran, the Scrutiny Officer, has tendered the Representation of the Indian Council of Social Welfare dated 4th November, 2025 which is taken on record and marked 'X' for identification.

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25.

Having considered the material on record as well as the Representation of the Scrutiny Officer marked 'X' for identification, I am of the view that it would be in the interest of the said female minor child that she is adopted by the Proposed Adopters. 26.

It is relevant to note here that in the case of Nisha Pradeep Pandya @ Nisha Amit Gor and Anr. Vs. Union of India and Ors.1 concerning challenge raised to the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, a Division Bench of this Court passed an interim order dated 10th January, 2023. The relevant portion of the said order of the Division Bench reads as follows :

"8.

In the meantime, there will be an ad-interim order only until the next date in terms of prayer clauses (d), (e)and (f) of the petition which reads as follows:

(d) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to stay the effect, implementation and purport of the letter dated 30th September, 2022 issued by Respondent No.2;

e) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to direct the Respondents not to transfer pending adoption matters before the District Magistrates for adjudication.

(f) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to direct the Hon'ble W.P.(L) No.32065 of 2022 7/9

Courts to continue with the adjudication of the adoption matters that are pending on their record and file.

9.

Additionally, the safer and more prudent course of action would be to allow all matters to be placed before the learned Single Judge of this Court who is assigned those matters. Those orders may be continued to be passed until the challenge is finally decided."

27.

Hence, it is clear that this Court can consider and dispose of the present Petition.

28.

In these circumstances, the Petition is allowed in terms of prayer Clauses (a) to (d) of the Petition, which read thus:- "(a) That the Prospective Adoptive Parents be given the said child in Adoption and be declared as parents having all parental legal rights, Privileges and responsibilities over the said minor.

(b) That the Prospective Adoptive Parents may be granted leave to remove the said minor from the jurisdiction of this Hon'ble Court and to take the said minor out of the jurisdiction of this Hon'ble Court whenever required.

(c) That the concerned Municipal Authority/Birth Certificate Issuing Authority may be directed to issue Birth Certificate in the name of the said minor Clarice Jazzlyn Colaco, born on 28/10/2024 and stating thereon that the Prospective Adoptive Parents are the Parents of the said minor. (d) That the Prospective Adoptive Parent be allowed to Change the name of the minor from 'Snigdha' to 'Clarice Jazzlyn Colaco', born on 28/10/2024."

29.

There is an undertaking of the Adoptive Parents in the 8/9

Judge's Order to invest Rs. 2 lakhs in the name of the Adopted Child. They undertake not to withdraw this investment till the Adopted Child attains majority. The Adoptive Parents agree to hand over the investment receipts to the Adopted Child on her becoming a major. These undertakings are accepted as undertakings to this Court. 30.

The Judge's Order is also accepted and signed separately. 31.

Indian Adoption Petition is accordingly disposed of. There shall be no order as to costs.

[FIRDOSH P. POONIWALLA, J.] Privacy warning : No part of this Order shall be uploaded on any public domain or portal without this Court's express permission. 9/9