Section 74 in The Family Courts (Calcutta High Court) Rules, 1990
74. Procedure for dealing with an application for guardianship
. - (1) In dealing with such an application the court may take the assistance of any of the approved welfare agencies/organisation based in West Bengal including that mentioned in Appendix II.(2)Notice of an application for declaring a foreigner to be the guardian of an Indian child shall be given in any two leading English newspapers and also to the Indian Council of Social Welfare or the Indian Council of Child Welfare or any of its State units for scrutiny of the application with a view to ensuring that it will be for the welfare of the child to be given to the foreigner whose application for guardianship is under consideration.(3)In disposing of such an application the court may make such enquiries as it may deem fit and proper for being satisfied that such appointment of a foreigner as guardian will be conducive to the interest and welfare of the child, no order for such appointment shall be made nor shall the court permit the child to be removed to the country of the applicant for eventual adoption unless the court is so satisfied and unless the applicant. makes provisions by way of execution of a bond or otherwise to enable the child to be repatriated to India should it become necessary to do so for any reason. In every such enquiry, if the child. is above the age of seven years, the court shall ascertain the wishes of the child.(4)In every case where such an application is made, the applicant shall deposit with the court a sum of Rs. 5001 towards the costs of scrutiny as enjoined by these rules and all costs in that regard shall first be met out of the said sum, subject to any further direction by the court for the balance.(5)Every appointment so made shall be subject to a condition to be incorporated in the order that the foreigner shall submit to the court as also to the recognised Indian agency sponsoring the application for guardianship the full details of the normal residence of the child in the foreign country where the child is to be taken and progress report of the child along with all information regarding change, if any, in the residence of the child and a recent photograph quarterly during the first two years and half yearly for the next five years.(6)The order appointing a foreigner to be the guardian of an Indian child shall carry, attached to it, a photograph of the child duly authenticated by an officer authorised by the court in that behalf and another copy of such photograph shall be kept on the record.(7)If the biological parents of the child are known they may be properly assisted by the social or child welfare agency /home etc., in taking a decision about the relinquishing of the child for adoption. But no notice of such an application for declaring a foreigner to be the guardian of an Indian child should be given to the child's biological parents nor should it be published in any newspaper.(8)When an order appointing a foreigner as guardian of an Indian child is made by a court an intimation shall be given by the court to the Ministry of Social Welfare, Government of India, as also to the Relief and Welfare Department, Welfare Branch, Government of West Bengal under intimation to the judicial department of the Government.(9)If due to disruption or failure of adoption in the foreign country, any alternative placement of the child is considered necessary by the recognised foreign agency, the said fact should forthwith be reported to the court making the appointment and necessary permission should be taken from the said court for such placement. Every such application shall be procured through the Indian agency which had sponsored the original appointment and notice thereof shall be given to the Ministry of Social Welfare, Government of India as also to the Relief and Welfare Department, Welfare Branch, Government of West Bengal under intimation to the judicial department of the Government.(10)The court shall review the living condition of the Indian child taken in guardianship by a foreigner under the Act through any of the approved organisations of the State of West Bengal recognised by the Ministry of Social Welfare, Government of India.
