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Bombay High CourtFAP/9/2026disposed off

Bal Asha Trust v. Ravi Chandr Ramineni (Pro.Ado) And Ganesh Ramineni (Minor)

2026-03-11Hon'Ble Shri Justice Farhan Parvez Dubash9 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION Digitally signed by JYOTI PRAKASH PAWAR Date:

2026.03.24 21:25:38 +0530 JYOTI PRAKASH PAWAR FOREIGN ADOPTION PETITION NO. 9 OF 2026 Bal Asha Trust, Bal Asha Dham, Anand Niketan, Dr. E. Moses Road, Mahalaxmi, Mumbai - 400 011.

Through: Sunil Kumar Arora, Executive Director.

... Petitioner And

1. Ravi Chandra Ramineni, Indian National, aged 48 years, residing at 45 Concord Avenue, Maplewood, New Jersey 07040, U.S.A.

2. Sarah Elizabeth Rudd, American National,aged 46 years, wife of Mr. Ravi Chandra Ramineni, residing at 45 Concord Avenue, Maplewood, New Jersey 07040, U.S.A.

...

Proposed Adopters ______________________________________ Mr. Rakesh K. L. Kapoor for Petitioner.

Mr. O. Hareendran, Scrutiny Officer-ICSW present. Mr. Dilip S. Gurav, Chamber Registrar present. _______________________________________

CORAM : FARHAN P. DUBASH, J.

DATE :

11th MARCH 2026 ORDER:

1.

By this Foreign Adoption Petition, the Petitioner and the Prospective Adoptive Parents (PAPs) have sought the adoption of the male minor named Ganesh (Minor) born on 10th May 2020. The minor was found abandoned by N. M. Joshi Marg Police Station, Mumbai, on 4th September 2022 and admitted to Asha Sadan, Umerkhadi, Mumbai for immediate care and protection. On 6th September 2022 the minor was produced before the Child Welfare Committee, Mumbai City II (CWC) and his safe custody was given to the Petitioner Institution, Bal Asha Trust, as per the order of the said CWC dated 6th September 2022 under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). The Admission Order of the CWC is placed on record.

2.

After making a due inquiry under section 38 of the JJ Act, the CWC Mumbai City-II, declared the minor legally free for adoption on 2nd March 2023. The required Undertakings and Affidavits have also been tendered and are taken on record.

3.

The minor was given in adoption to an Indian family in the year 2023, and the said adoption was annulled by this Hon'ble Court vide

order dated 25th January 2024 in Indian Adoption Petiton 20 of 2023 after the adoptive parents claimed they were unable to bond with the child due to the child's uncontrollable bad behaviour and habits. The said minor was re-admitted to the Petitioner Institution after six months of adoption on 18th December 2023. The said Admission Order of the CWC is placed on record. 4.

The Central Adoption Resource Authority (CARA), New Delhi, has issued a No Objection Certificate dated 31st October 2025 to this adoption as per the Adoption Regulations 2022 and Article 17(c) of the Hague Convention on the Protection of Children and Cooperation in respect of Inter-country Adoption 1993. The said No-objection Certificate is placed on record.

5.

The Prospective Adoptive Father is an Indian National and the Prospective Adoptive Mother is an American National, both residing in New Jersey, U.S.A. and are aged about 48 and 46 years respectively. They have been married for the past 8 years, since 17th November 2017, with no biological children. The Marriage Certificate is placed on record. The Prospective Adoptive Mother was married earlier on 20th February 2004 and divorced on 21st August 2017 with no issues from her previous marriage. The Divorce Decree is placed on record.

6.

The Medical Report dated 10th February 2025 of the PAPs is on record, and it states that both are found to be free of communicable diseases and there is no medical/emotional conditions that would prevent them being capable parents. The prospective adoptive mother is having a medical history of Hx of concussion. Their HIV and HBsAg Test Reports certify the case as Negative.

7.

The Prospective Adoptive Father is working as a Director of Pro Analytics of the Los Angeles Galaxy Soccer Team since 24th February 2025 and his annual salary is stated to be US$ 250,000.00. The Prospective Adoptive Mother is self-employed as Chief Executive Officer of Src/ftbl since 2024 and her annual income is stated to be $ 120,000.00. On record are their U.S. Income Tax Returns, Bank References, Proof of Residence and other financial/supporting documents.

8.

The Home Study Report dated 5th May 2024 of authorities of "Children House International Adoptions", Texas, USA and Updated Home Study Report dated 9th April 2025 of the authorities of "Wide Horizons For Children", New Jersey, USA has found the PAPs suitable to adopt a child, siblings or twins, either gender, between the ages of 0-5 years at the time of referral from India. The Report of Psychological Evaluation dated 15th September 2023 of the authorities, the Conative Group PLLC, Texas, USA,

has found the PAPs suitable to adopt a child. The permission of the Receiving Country, as per Article 5/17 of the Hague Convention, is placed on record.

9.

The other requisite documents, including the motivation statement submitted by the PAPs, their Declaration of Consent and Undertaking to adopt the minor child, the Statement of Child Care Plans, as well as the undertakings of the Authorized Foreign Adoption Agency (AFAA) Children House International Adoptions, Texas, USA to provide follow-up reports and make alternative arrangements in case of disruption, have also been duly placed on record. In addition, a Child Security Undertaking executed by the sister and brother-in-law of the Prospective Adoptive Father, residing at Bengaluru, India, undertaking to look after the minor in the event of any untoward incident or mishap to the PAPs, has been placed on record. The Power of Attorney dated 21st August 2025, duly executed by the PAPs in favour of the Petitioner institution, is also placed on record. 10.

The Medical Examination Reports of the minor, dated 26th September 2024, are on record, and it records the health status of the minor as "Special Needs". His overall observation report states that "Ganesh is developmentally normal as per the age driven by the Forensic Medicine Department of J.J. Hospital, Mumbai. His IQ is 96 and SQ is 94. He lags

behind a bit in language skills, probably due to a lack of stimulation. He is expected to pick up rapidly in a more stimulating home environment. In view of his speech and language delay, he is being evaluated for learning disability and should be considered a special needs child. He has grown well in the institution." It is important to note that the PAPs have countersigned these Reports. The Report of Psychological Testing dated 2nd August 2024 records average intellectual and social functioning. The Report of Language, Speech and Hearing Report conducted in February 2024 notes a significant delay in speech and language acquisition with misarticulations. The HIV Report of the minor, dated 17th February 2024, is also placed on record and indicates that the result is Non-Reactive. 11.

As regards the change of name, the PAPs desire that the minor's name, Ganesh be renamed as "Ganesh Ramineni". 12.

The Petitioner's recognition from the Department of Women and Child Development, Government of Maharashtra, to place children in adoption is valid for a period up to 30th March 2026. A copy of the extension order dated 5th December 2025, issued by the Department of Women and Child Development, Government of Maharashtra, is placed on record.

13.

Mr O. Hareendaran, Scrutiny Officer, has tendered a Report/ Representation of the Indian Council of Social Welfare dated 4th March 2026, which is taken on record and has been marked 'X' for identification. 14.

It is relevant to note here that in the case of Nisha Pradeep Pandya and Anr v. Union of India1 and Ors., concerning a challenge raised to the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, the Division Bench of this Court on 10th January 2023, passed an interim order. The relevant portion of 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 Courts to continue with the adjudication of the adoption matters that are pending on their record and file.

1 2023 SCC OnLine Bom 90

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. 15.

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

16. Having considered the material on record as well as the Report of Mr. O. Hareendran, Scrutiny Officer marked 'X', I am of the view that it would be in the interest of the minor that he is adopted by the PAPs. 17.

In these circumstances, the Petition is allowed in terms of the prayer clauses (a) to (d) of the Petition, which read thus : (a) For the Adoption of the proposed minor Ganesh Ramineni born on 10th May 2020 by the proposed adopters under section 59(7) of the Juvenile Justice Act, 2015.

(b) For declaring the Proposed Adopters as Adoptive Parents of the said minor Ganesh Ramineni and having all parental rights, privileges and responsibilities over the said minor now in the care and custody Bal Asha Trust, Bal Asha Dham, Anand Niketan, Dr E. Moses Road, Mahalaxmi, Mumbai - 400 011.

(c) That the proposed adopters be allowed to change the name of the minor, Ganesh, to "Ganesh Ramineni".

(d) Leave/permission be granted to apply to the concerned Municipal Authorities to issue a Birth Certificate of the said male minor Ganesh Ramineni born on 10th May 2020 and showing the proposed adopters as Parents.

(e) That the Proposed Adopters may be granted leave to remove the said minor Ganesh Ramineni from the jurisdiction of this Hon'ble Court and to take the said minor to the U.S.A. or wherever they may reside in future.

18.

It is directed that the Petitioner will obtain further undertakings from the PAPs that they will not give the said minor for further adoption without the prior leave of this Court. Once this undertaking is obtained, the same shall be filed on the record of this Court. 19.

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

(FARHAN P. DUBASH, J.)