Madras High Court
This Petition Is Filed Under Section ... vs Unknown on 18 December, 2019
O.P.No.277 of 2022 O.P.No.277 of 2022 KRISHNAN RAMASAMY, J.,
1.This Petition is filed under Section 56(1) of the Juvenile Justice (Care and Protection of Children) Act,2015 read with Clause 17 of the Letters Patent, for giving the new born minor female child, namely, Muthu Maha, who was born on 27.11.2021 in adoption to the second and third petitioners herein and for a declaration that they are the parents of the minor female child for all the purposes allowed by law and also for a direction to the Corporation of Chennai, the Birth Certificate Issuing Authority, to issue a birth certificate for the child within 5 working days from the date of order as provided in Regulation 36 of the Adoption Regulations.
2. The facts as culled out from the petition filed by the petitioners, are briefly stated hereunder:
(a) The first petitioner, Holy Apostles Convent, represented by its Social Worker, Sr. Malar L, administering the St. Thomas Mount Babies Home as one of its activities, is a recognized Specialized Adoption Agency under Section 65 of the Juvenile Justice (Care and Protection of https://www.mhc.tn.gov.in/judis 1/9 O.P.No.277 of 2022 Children), 2015 (2 of 2016) by the Commissionerate of Social Defence, under Proc no.14929/D2/2019 dated 18.12.2019 for rehabilitating orphans, abandoned and surrendered children through adoption in accordance with the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2010) and Adoption Regulations,2017. The said recognition is valid for five years from the date of issue. The first petitioner is having the care and custody of the minor female child Muthu Maha.
(b) The minor female child Muthu Maha originally called Mahalakshmi was born on 27.11.2021 and she was declared legally free for adoption by the Child Welfare Committee, Vellore, order dated 30.03.2022 as per provisions of Section 38 of Juvenile Justice Act and the said child is registered in the Child Adoption Resource Information and Guidance System with the Registration No. RIPA/TN/2-0345, for the purpose of adoption as envisaged in Section 56(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2010).
(c) The second and third petitioners are husband and wife. The marriage between them, was celebrated on 28.11.2007. However, they dont have any biological child from their marriage, they decided to adopt https://www.mhc.tn.gov.in/judis 2/9 O.P.No.277 of 2022 a child. The second petitioner is working as Jewely sales person at K.Chinnadurai Gold House. His annual gross income is Rs. 2,94,000/- as per Home Study Report. The third petitioner is a Home Maker. They believe that they have much to offer a child, including their home, love and ability to financially care for a child.
(d) The second and third petitioners were matched for the above minor female child through CARA Online system. The second and third petitioner accepted to adopt the said minor by signing the child study and medical reports on 11.05.2022. The child has been given in Pre- Adoption Foster Care to the second and third petitioners on 16.05.2022, after obtaining a Pre-Adoption Foster Care Affidavit as per section 58(3) Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2010)and Regulation 11 of the Adoption Regulations,2017.
(e) The second and third petitioners have also undertaken in the said Pre-Adoption Foster Care Affidavit that they will allow the authorized social worker of the Specialized adoption agency to visit their home for undertaking post-adoption follow-up to ascertain the progress and well-being of the child in the adoptive family as per Section58(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of https://www.mhc.tn.gov.in/judis 3/9 O.P.No.277 of 2022 2010).
(f)The second and third petitioners have further undertaken to inform any change in the place of their residence to the Specialized Adoption Agency and to the State Adoption Resource Agency concerned and to this Court for the purpose of post -adoption follow-up.
(g) The second and third petitioners have also undertaken to up- bring the said minor female child as their own and to accord the same status, rights, privileges to the child at par with the natural born child.
(h) The first petitioner which is a Specialized Adoption Agency had decided to place the child in adoption as per decision of the Adoption Committee dated 11.05.2022.
(i) The first petitioner and the second and third petitioners stated that they have no adverse interst against the minor female child Muthu Maha.
(j) The second and third petitioners understand that the adopted child shall become their lawful child with all rights, privileges and responsibilities that are attached to a biological child.
(k) The second and third petitioners have not filed any other application for the adoption of the minor female child Muthu Maha in https://www.mhc.tn.gov.in/judis 4/9 O.P.No.277 of 2022 any other Court of Law.
3. Hence the petitioners have filed the present O.P. for the reliefs stated supra.
4. In order to prove their case, the first petitioner is examined as P.W.1 and marked Exs.P1 to P8. Ex.P1 is the original home study report dated 25.02.2022; Ex.P2 (series 2 nos) are the original Child Study and Medical Reports dated 11.05.2022; Ex.P3 is the original Child Welfare Committee order dated 30.03.2022; Ex.P4 is the photograph of the minor female child Muthu Maha; Ex.P5 is the photocopy of the Decision of Adoption Committee dated 11.05.2022; Ex.P6 is the affidavit by chief functionary of Specialized Adoption Agency dated 10.05.2022; Ex.P7 is the photocopy of the pre-adoption foster care undertaking in the form of an affidavit dated 16.05.2022 ; Ex.P8 is the photocopy of the certificate of registration under the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2010) dated 18.12.2019.
5. The second petitioner is examined as P.W.2. and and marked Exs.P9 to P21. Ex.P9 is the photocopy of the School Certificate of the second petitioner showing the date of birth as 23.10.1974; Ex.P10 is the https://www.mhc.tn.gov.in/judis 5/9 O.P.No.277 of 2022 photocopy of the School Certificate of the third petitioner showing the date of birth as 16.04.1979; Ex.P11 is the Original Marriage Certificates of the second and third petitioners dated 04.01.2019; Ex.P12 is the Original Health Certificate dated 24.04.2022 in respect of the second petitioner; Ex.P13 is the Original Health Certificate dated 24.04.2022 in respect of the third petitioner; Ex.P14 is the original salary certificate of the second petitioner for the month of March 2022 dated 31.03.2022; Ex.P15 is the original recommendation letter dated 29.04.2022; Ex.P16 is the original recommendation letter dated 03.05.2022; Ex.P17 is the photocopy of the Aadhaar Card of the second petitioner; Ex.P18 is the photocopy of the Aadhaar Card of the third petitioner; Ex.P19 is the photocopy of the PAN Card of the second petitioner; Ex.P20 is the photocopy of the PAN Card of the third petitioner; Ex.P21 is consent and willingness dated 16.05.2022.
6. The learned counsel for the petitioners would submit that the second and third petitioners have been found eligible and suitable to adopt and retain the child as provided in Section 57 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2010) and https://www.mhc.tn.gov.in/judis 6/9 O.P.No.277 of 2022 Regulation 5 of Adoption Regulations, 2017 that the petitioners have registered their case with CARA bearing Regn.No.PrTa131360368 and based on that, the concerned Protection Officer of the District Child Protection Unit made home visit on 25.02.2022 and conducted home study and thereafter, issued Home Study Report dated 25.02.2022, recommending that the second and third petitioners are eligible for adoption.
7. On consideration of the above evidence and also keeping in mind that the welfare of the minor female child definitely deserves the second and third petitioners being appointed as adoptive parents and being given to them as their adoptive child, I am satisfied that it will be most beneficial to the minor child, if the second and third petitioners are appointed as the adoptive parents. I am of the view that it is in the paramount interest of the child that this Petition should be allowed.
8. Accordingly, the Original Petition is ordered as prayed for, subject to the following conditions:
(i) The second and third petitioners are hereby appointed as the natural guardians/parents of the minor https://www.mhc.tn.gov.in/judis 7/9 O.P.No.277 of 2022 female child Muthu Maha, whose date of birth is 27.11.2021, and they are hereby declared as the adoptive parents of the said minor female child and the second and third petitioners are permitted to take the child to their residence for up-bringing the child as their own child with the legal status of a biological child with all the rights of succession and inheritance.
(ii) The Birth Certificate issuing Authority is directed to issue Birth Certificate for the said minor child, within five working days from the date of application thereof, as per the provisions of Regulation 36 of the Adoption Regulations, 2017.
(iii) The Specialised Adoption Agency is directed to report the progress of the adopted child from the date of adoption of the child to the prospective adoptive parents on six month basis along with detailed educational and medical reports of the adopted child through out till the child attains majority, by uploading Online in the Child Adoption Resource Information and Guidance System in the format and also in the website of High Court, addressing to the Registrar General.
(iv) The adoptive parents are hereby directed to furnish an undertaking to the effect that they would allow personal visits of the representative of Specialised Adoption Agency, on a six month basis in every year till the child attains majority and co-operate them to ascertain https://www.mhc.tn.gov.in/judis 8/9 O.P.No.277 of 2022 the progress of the child as regards his/her health, education and convenience/adjustment in the adoptive family.
03.08.2022 Suk KRISHNAN RAMASAMY, J., Suk O.P.NO.277 of 2022 https://www.mhc.tn.gov.in/judis 9/9 O.P.No.277 of 2022 03.08.2022 https://www.mhc.tn.gov.in/judis 10/9