Bombay High Court
Adharashram vs Bradley Lawrence Price And Anr (Prop ... on 16 August, 2017
Author: R. G. Ketkar
Bench: R. G. Ketkar
1
902.FAP.39-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
FOREIGN ADOPTION PETITION NO.39 OF 2017
WITH
JUDGE'S ORDER NO.161 OF 2017
IN
FOREIGN ADOPTION PETITION NO. 39 OF 2017
WITH
JUDGE'S ORDER NO.162 OF 2017
IN
FOREIGN ADOPTION PETITION NO. 39 OF 2017
Adharashram ...Petitioner
And
1. Bradley Lawrence Price, and
2. Nicole Lee Price. ..Proposed adopters
....
Mr. Rakesh Kapoor, Advocate for the Petitioner.
Mr.O. Hareendran, Scrutiny Officer, Indian Council of Social Welfare, is
present in person.
....
CORAM : R. G. KETKAR, J.
DATE : 16th AUGUST, 2017
(In Chambers)
P.C.
1. Heard Mr.Rakesh Kapoor, learned counsel for the
petitioner and Mr.O. Hareendran, Scrutiny Officer of Indian Council of Social Welfare (for short, ICSW), at length.
2. This is a Foreign Adoption Petition filed by the petitioner Adharashram proposing adoption of the male minor Kunal born on 19.4.2012 and female minor Palak born on 1/6 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:00:02 ::: 2
902.FAP.39-17.doc 22.4.2014. They were surrendered by their grand-father before the Child Welfare Committee, Nashik (for short, 'C.W.C.') on 18.08.2016 stating that both the parents of minors have expired. He is unable to look after minors due to his old age and poor financial condition. Subsequently, C.W.C. admitted the minors to the petitioner institution Adharashram, Nashik for their safe custody vide their orders dated 18.08.2016 under section 36 (1) of Juvenile Justice (Care and Protection of children) Act , 2015 (for short, 'Act' which are at pages 15-18.
3. C.W.C. has issued certificates declaring the child legally free for adoption dated 07.12.2016 stating that "In exercise of the powers vested in C.W.C. under Section 41 (4) of the Act, male minor Kunal born on 19.04.2016 and female minor Palak born on 22.04.2014 respectively, placed in the care of the specialized adoption agency/child care institution Adharashram, Nashik vide order Nos. 26/2016 and 27/2016 dated 07.12.2016 of this Committee, are hereby declared legally free for adoption on the basis of deed of surrender executed by the biological parents or legal guardian of the children before this committee on 18.08.2016 and declaration submitted by District Children Protection Unit and specialized adoption agency to the effect that 2/6 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:00:02 ::: 3
902.FAP.39-17.doc they have made restoration efforts as required under these guidelines and relevant rules, but nobody has approached the agency for claiming the said minors as on date of the said declaration". The free for adoption orders and background information of Kunal & Palak are at pages 13-14 & 19. The undertaking/affidavit by the petitioner is at pages 20-24. Central Adoption Resource Authority (for short, 'C.A.R.A.') has issued their no objection certificate dated 14.06.2017 to this adoption as per adoption Regulations 2017 and Article 17 (c) of the Hague Convention on the Protection of Children and Cooperation in respect of Inter-country Adoption 1993, which is at page 25. The proposed adopters are American nationals residing at Alabama, U.S.A. aged about 39 and 35 years respectively. They have been married for the last 04 years (20.04.2013) with no biological children. However the first proposed adopter have two biological children a son "Jarrod Isaac" aged about 13 years and a daughter "Reagan Victoria" aged about 12 years from his previous marriage. He was earlier married on 25.5.2002 and divorced on 29.11.2011. The birth certificates & consent of the biological children and divorce decree of first proposed adopter are at pages 41-44 & 49-52. The passport copies of the proposed 3/6 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:00:02 ::: 4
902.FAP.39-17.doc adopters are on record at pages 29-32. Health reports dated 23.10.2016 of the proposed adopters state that "The applicants state of health suitable for raising a child. Their HIV & HBsAG test reports certifies the case as 'Negative'", which are at pages 54-72. The first proposed adopter is working as a Youth Pastor at First Baptist Church in Slocomb, Alabama, USA and his gross annual salary is $ 39,046.80 (page 74). His wife is working as a Field Staff with Cru since 16.7.2009 and her annual gross salary is $ 18,976.00 (at page 76). The U.S. Individual Income Tax Return 2015 is at pages 79-80. The supportive financial documents and proof of residence and property statement are tendered in the Court today which are taken on record and marked 'X1' collectively, for identification. Child care plan from the proposed adopters is at page 82.
4. Home study report of the prospective adoptive parents dated 16.01.2017 from the authorities of Children of the World Inc. USA." is at pages 84-98 and it states "Mr. & Mrs.Price met all of the criteria to adopt a child in the State of Alabama and India. The couple also meets the requirements for adoption as required by India in regard to age, length of marriage, number of children in their household, health and physical fitness, criminal 4/6 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:00:02 ::: 5
902.FAP.39-17.doc clearance, education, employment, income and ability to parent an orphan. Mr. & Mrs. Price are approved to adopt a child of either gender under the age of four years with mild to moderate medical special needs or a sibling group of two with the older child being no more than nine years old where either or both have mild to moderate medical special needs".
5. The Approval Notice dated 31.03.2017 from the Department of Homeland Security is on record and it states that the approval expiration date is 15.6.2018 (Page 105). The "Article 5" Letters from Embassy of the United States of America dated 26.5.2017 is at pages 108-111. HIV reports dated 20.06.2017 of the minors certifies the case as 'Negative' at pages 148-149. The Post Card size photograph of the minors are at pages 150-151. Physical examination report of the proposed minor Kunal dated 13.02.2017 states, "Eyes: Refractive Error (required glasses). Ears: Hearing loss mixed in right ear (03.01.2017-Audio-Metry done)." His assessment report dated 26.12.2016 is also on record and it states that "Kunal has age appropriate development and average intelligence. His IQ is 94.6." The proposed adopters have countersigned these reports at pages 125-134. Physical examination report of the proposed minor Palak dated 5/6 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:00:02 ::: 6
902.FAP.39-17.doc 13.02.2017 states that "Eyes: Refractive Error (required glasses)." Her Assessment Report dated 26.12.2016 is also on record and it states that "Palak has age appropriate development and average intelligence. Her IQ is 87.5 The Proposed Adopters have countersigned these reports at pages 139-147. The consent and willingness by the proposed adopters are taken on record and marked 'X2', for identification. The undertaking dated 05.10.2016 by the Authorized Foreign Adoption Agency "Children of the World Inc., U.S.A." is at page 153. The Special Power of Attorney duly signed by the proposed adopters dated 23.05.2017 in favour of the Petitioner institution is at pages 155-157. The Indian Specialized Adoption Agency (Adharashram, Nashik) Certificate of Recognition to do in-country adoption from the State Government is valid for a period up to 05.11.2020. The ICSW report dated 27.7.2017 submitted by Mr.O. Hareendran, Scrutiny Officer, is taken on record and marked 'X' for identification.
6. In view thereof, the Petition is allowed in terms of prayer clauses (a), (b) and (c). Two Judge's Orders are signed separately. Order accordingly.
(R. G. KETKAR, J.) Deshmane (PS) 6/6 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 16:00:02 :::