Bombay High Court
Bal Asha Trust vs Fabio Maria Parodi And Elena Nerozzi on 10 January, 2020
Equivalent citations: AIRONLINE 2020 BOM 1870
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
Nikita Gadgil 1 of 8 FAP 45-19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
FOREIGN ADOPTION PETITION NO. 45 OF 2019
Bal Asha Trush ....Petitioner
V/s.
Fabio Maria Parodi & Elena Nerozzi ....Proposed
Adopters
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Mr. Rakesh K.L.Kapoor, Advocate for the Petitioner.
Mr. O. Hareendran, Scrutiny Officer.
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CORAM : G.S. KULKARNI, J.
DATE : 10 JANUARY 2020
P. C.
This is a foreign adoption petition wherein the petitioner, Bal
Asha Trust, Bal Asha Dham, Anand Niketan, Dr. E. Moses Road,
Mahalaxmi, Mumbai-400011, a recognized adoption agency alongwith
the co-petitioners Mr. Fabil Maria Parodi and his wife Mrs. Elena
Nerozzi, both of whom are Italian nationals having their address at
Corso Roma 9-15121 Alessandria (AL), Italy, are before the court
praying that male minor "Yuvraj" born on 15 July 2012 be granted in
adoption to the proposed adopters.
2. Minor Yuvraj was admitted in Additional Observation Home,
Mankhurd on 26 July 2017 and thereafter on the same day as per the
Safe Custody Memo issued by Child Welfare Committee, Mumbai City-
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I, (for short 'CWC) as per the provisions of Section 36(1) of the
Juvenile Justice Act 2015 was transferred to the petitioner.
3. Thereafter, on an inquiry as undertaken as per Section 38 of the
Juvenile Justice Act by an order dated 10 April 2019, the CWC
declared minor Yuvraj legally free for adoption. A certificate to that
effect is placed on record. The proposal for adoption in question by
the adoptive parents was also considered by the Central Adoption
Resource Authority (CARA), New Delhi by issuing a No Objection
Certificate dated 13 September 2019 to this adoption as per Adoption
Regulation 2017 and Article 17 (c) of the Hague Convention on the
Protection of Children and cooperation in respect of Inter-Country
Adoption 1993.
4. Insofar as the adoptive parents are concerned, they are Italian
nationals residing at address noted above. They have been married for
past 16 years (Date of Marriage 18 May 2003) with no biological
children. The adoptive parents have however, already adopted two
sons aged 15 years and 11 years from Italy and China respectively. The
citizenship certificates of the adoptive parents, consent letters and
health reports are placed on record, also a family photograph and
passport copies of the adoptive parents are also placed on record.
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5. Insofar as the health of the adoptive parents is concerned, a
report dated 10 September 2019 records that both the adoptive
parents enjoy good physical and mental health and are not affected by
any psycho-physical pathology and as a result both of them are
healthy with a strong constitution
6. As regards the adoptive father, he is self employed and is a
partner of a limited liability company "A.F.G. Societa' Cooperativa A
responsabilita' Limitata".located at Aleessandria, Corso Roma 9 since 9
March 2004. His income for the year 2018 is EUR 29,228,00 which is
equivalent to Rs. 23,38,240/-. His income declaration and tax returns
for the financial 2018-2019 are placed on record. The adoptive mother
is working as Head of Physiotherapy Service as a freelance and her
gross annual income for the year 2018 is EUR 19,562.00 which is
equivalent to Rs. 15,64,960/-. Her income declaration and Tax Returns
for the financial year 2018-19 are placed on record. There is also a
financial and property declaration of the adoptive parents and a
certificate of residence placed on record.
7. Insofar as the medical examination report of minor Yuvraj is
concerned, it is dated 22 November 2018, which records that the child
is normal in development for his age. He has not suffered from any
major illness needing hospitalization and is disease free and healthy.
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The adoptive parents have also countersigned this report. There is
also a report of Psychological testing dated 12 February 2019. This
report is also countersigned by adoptive parents. The HIV report of the
minor Yuvraj is dated 28 September 2017 which certifies the case as
non-reactive.
8. There is home study report dated 13 September 2016 of the
adoptive parents conducted by the authorities of CIFA NGO for
Children, Turin, Italy, which interalia contains details of the family
background of adoptive parents, their financial situation, description
of the house and neighbourhood, current marital relationship of the
adoptive parents and attitude of grand parents and other relatives
significant for adoption in question, possible rehabilitation plans for
the child in case of any eventuality of the adoptive parents, police
report, health status, value system, motivation for adoption, names
and addresses of the references including their contact details and
overall analysis and evaluation. There is also an additional
psychological report of adoptive parents of Dr. Laura Piacenti, CIFA
Psychologist confirming that couple has excellent resources and are
suited to adopt a child in India.
9. There is Adoption Guarantee letter dated 25 May 2016 issued
by Commission for Inter-Country Adoption on behalf of the
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Government of Italy. There is an approval dated 2 March 2016 from
Juvenile Court of Piedmont and Aosta Valley and an Article 17 letter
dated 9 October 2019 from the Presidency of the council of Ministers
is placed on record.
10. Mr. O. Hareenran, Scrutiny Officer of the Indian Counsel of
Social Welfare, Central Office, Mumbai, has placed on record a
representation (marked 'X' for identification), setting out all the
details in regard to the proposed adopters. This representation does
not indicate anything adverse, for this court, not to permit the
adoption in question.
11. There is a declaration of commitment/undertaking of adoptive
parents dated 25 May 2016 allowing the competent authorities,
Italian and Indian to make home visits, if necessary, post adoption
follow-up. There is also an undertaking dated 23 May 2019 of the
Authorised Foreign Adoption Agency "CIFA Onlus-International Centre
for Children and Family to provide follow-up report of the child.
Further, an undertaking dated 17 December 2019 is placed on record
by the learned counsel for the petitioners (marked 'X-1' for
identification) of "Centro Internazionale Per L'Infanzia E La Famiglia",
to undertake necessary action in case of disruption of adoptive family.
There is a general power of attorney duly signed by the adoptive
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parents in favour of the petitioner institution and seek the reliefs as
prayed for.
12. A child care arrangement statement from the adoptive parents is
also placed on record. Photograph of adoptive parents and their
adoptive children is placed on record. Also a photograph of minor
Yuvraj is placed on record.
13. Having heard the learned Counsel for the petitioner and having
perused the record as noted above, the permission as granted by CARA
as also having perused the report of Mr. O. Hareendran, Scrutiny
Officer from the Institute of Child and Social Welfare dated 5
December 2019, in my opinion the adoptive parents appear to be
suitably on all the counts as noted above to adopt the minor. Hence,
considering the paramount interest and welfare of the minor male
child Yuvraj and the intention, desire and spirit of the adoptive
parents, to have in adoption a minor child like Yuvraj from India, the
petition is required to be allowed. It would be required to be allowed
accepting the undertakings as made by the adoptive parents as placed
on record as also the undertakings which are furnished by the
Authorised Foreign Adoption Agency "CIFA NGO for Children", Turin,
Italy. The agency shall for a period of three years send half yearly
reports in regard child ' Yuvraj' to CARA.
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14. In the circumstances, I do not find any impediment in granting
the reliefs as prayed for. Hence, the following order:-
ORDER
1. The Foreign Adoption Petition is allowed in terms of prayer clauses(a),(b), (c), (d) and (e) which reads thus:-
(a) For the Adoption of the Proposed male minor Yuvraj Giovanni Parodi born on the 15 th July, 2012 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 and shall have all parents rights, privileges and responsibilities over the said minor child Yuvraj Giovanni Parodi now in the care and custody of Bal Asha Trush, 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 Yuvraj to Yuvraj Giovanni Parodi.
(d) Leave/Permission be granted to apply the concern Municipal Authorities to issue Birth Certificate of the said minor Yuvraj Giovanni Parodi.
(e) That the proposed Adopters may be granted leave to remove the said minor Yuvraj Giovanni Parodi, from the ::: Uploaded on - 17/01/2020 ::: Downloaded on - 08/06/2020 13:40:30 ::: Nikita Gadgil 8 of 8 FAP 45-19 jurisdiction of this Hon'ble Court and to take the said minor to Italy or wherever they may reside in future.
2. The Judge's order is separately signed.
3. The adoptive parents shall also through concerned Italian Authorities forward to the petitioner the half yearly progress and development reports of the minor for a period of three years from today, to be placed for consideration of the Central Adoption Resource Authority (CARA), New Delhi.
4. The foreign adoption petition is disposed of in the above terms.
5. Parties be furnished authenticated copy of this order.
[G.S. KULKARNI, J.] ::: Uploaded on - 17/01/2020 ::: Downloaded on - 08/06/2020 13:40:30 :::