Bombay High Court
M.S.W.C. Adoption Group vs Jose Manuel Garcia Anton And Maria ... on 27 January, 2021
Author: N.J. Jamadar
Bench: N.J. Jamadar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS GENERAL AND INHERENT JURISDICTION
FOREIGN ADOPTION PETITION NO. 1 OF 2021
WITH
JUDGE'S ORDER NO. 4 OF 2021
IN
FOREIGN ADOPTION PETITION NO. 1 OF 2021
Rakhi @ Rakhi Garcia Garcia .... Minor
M.S.W.C. Adoption at
M.S.W.C. Asha Sadan Balgruh .. Petitioner
AND
1. Jose Manuel Garcia Anton
2. Maria Victoria Garcia Barrio .. Proposed Adoptive Parents
-----------
Mrs. Dipal Sanjanwala Mehta for petitioner.
Mr.O. Hareendran, Representative of ICSW present.
Mr. Arun Kesarkar, 2nd Asstt. Master present.
CORAM : N.J. JAMADAR, J.
DATE : 27th JANUARY 2021
(IN CHAMBERS)
P.C.
1. The petition is for an inter-country adoption of a minor female child,
under section 59(7) of the Juvenile Justice (Care and Protection of
Children) Act, 2015 (hereinafter referred as 'the Act, 2015'). The petition
is supported by an affidavit of Mrs.Jaishri Sreedhar, Convener/Authorized
Signatory of the petitioner.
2. Perused the report of Mr.O. Hareendran, Scrutiny Officer of Indian
Council of Social Welfare.
Shraddha Talekar PS
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3. The child was born on 19th September 2018. She is a surrendered
child. The child came to be entrusted to the custody of the petitioner vide
order dated 26th September 2018 passed by the Child Welfare Committee,
Mumbai City-I. After an enquiry envisaged under section 38 of the Act,
2015, the Child Welfare Committee has declared the child legally free for
adoption by its order dated 17th December 2018.
4. The medical examination reports of the child reveal that the child is
healthy. It is further observed that the child is suffering from Global
Hypotonia and hence has delayed physical milestones. However, with
regular physiotherapy, she could progress well. The prospective adoptive
parents have perused and understood the contents of the medical reports
and are willing to accept the child as their adoptive child in the condition
in which the child is found. They have countersigned the medical reports.
5. The Central Adoption Resources Authority (CARA) has given no
objection to the prospective adoptive parents Mr. Jose Manuel Garcia Anton
and Mrs. Maria Victoria Garcia Barrio under Adoption Regulations Act,
2017 and Article 17(c) of the Hague Convention on the Protection of
Children and Co-operation in respect of Inter-Country Adoption, 1993 on
4th December 2020. The Cantabrian Institute of Social Services,
Government of Cantabria has issued a Suitability Certificate for inter-
country adoption.
Shraddha Talekar PS
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6. The medical certificates of the adoptive parents reveal that none of
them suffer from any contagious or chronic or terminable disease nor from
HIV or Hepatitis A, B or C, and both are medically fit to adopt a child.
7. The Home Study report of suitability for adoption concludes that the
personal and family situation, couple's relationship, social and family
support, working situation, availability of time, situation of health, housing
and environment, economic situation as well as skills and motivations are
appropriate to face an adoption. The psychological report also appraises
the adoptive parents as a suitable family for adoption of a healthy child.
8. The proposed adoptive father Mr.Jose is born on 24 th February 1973.
The proposed adoptive mother is born on 31 st July 1975. The were married
on 1st August 2015 with no biological child. Mr. Jose is working as Jumbo
Operator with Orovalle Minerals S.L. and his gross annual income is
31,262.43 Euros. Mrs. Maria works as an Administration Co-ordinator with
Caritas Diocesana De Santander, Spain and her gross annual income is
32,484.42 Euros. The employment and income certificates of the
prospective adoptive father and mother are appended to the petition.
9. The learned counsel for the petitioner has tendered tax certificates of
the prospective adoptive parents for the financial year 2019. The income
tax certificates are taken on record. The individual taxation and income of
Mr. Jose is shown as 27,280.19 Euros and that of Mrs.Maria is 28,675.86
Shraddha Talekar PS
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Euros. The declaration of financial status also reveals that the prospective
adoptive parents have immovable properties valued at 2,50,000 Euros, two
cars and a balance of 47,000 Euros in the savings bank account.
10. The learned counsel for the petitioners has today tendered recent
certified to be the true photographs of the house of the prospective
adoptive parents. The same are taken on record. The prospective adoptive
parents have also submitted a satisfactory child care arrangement for the
child. It records that Mrs. Maria will have four months of paid absence
from her job as per Spanish Law. Mr. Jose will also have 12 weeks of paid
absence from his job. It seems that the close relatives and parents of the
prospective adoptive parents have encouraged and supported their decision
to adopt a child.
11. Mr.Jose Maria Garcia Barrio and Mrs. Rebeca Alacano Perez, brother
and sister-in-law of the prospective adoptive mother have submitted a child
security undertaking whereby they have undertaken to look-after, maintain
and educate the child to the best of their ability in an unforeseen
eventuality.
12. The Children Without Frontiers, the Adoption Agency, has furnished
an undertaking to the effect that in the event of adjustment problem of the
child with the adoptive family, the child shall be entitled to receive care,
protection and rehabilitation through the child protection services of Spain
Shraddha Talekar PS
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as per Hague Adoption Convention.
13. In the backdrop of the aforesaid material, certificates and
undertakings, especially the favourable home study and psychological
study reports and financial standing of the prospective adoptive parents,
their situation in life and genuine desire of the prospective adoptive
parents to adopt a child, I am persuaded to hold that the prospective
adoptive parents are physically fit, financially sound, mentally alert and
highly motivated to adopt the child and have the potential to provide a
good upbringing to the child. I do not find any impediment in allowing the
petition. Thus, the following order:
ORDER
(i) The petition is allowed in terms of prayer clauses (a) to (f).
(ii) The child shall not be offered for further adoption.
(iii) Judge's order is signed separately.
(iv) Undertakings are accepted. Digitally signed by Shraddha Shraddha K. K. Talekar Date:
The petition stands disposed of in the aforesaid terms. Talekar 2021.02.01 11:09:26 +0530 [ N.J. JAMADAR, J. ] Shraddha Talekar PS