Madras High Court
This Petition Is Filed Under Section ... vs Unknown on 18 December, 2019
O.P.No.32 of 2022 O.P.No.32 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 male child, namely, Magilan, who was born on 04.10.2021 in adoption to the second and third petitioners herein and for a declaration that they are the parents of the minor male 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.32 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 male child Magilan .
(b) The minor male child Magilan was born on 04.10.2021 and he was declared legally free for adoption by the Child Welfare Committee, Chengalpattu, order dated 09.12.2022 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/2-0339, 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 07.02.2011. However, they dont have any biological child from their marriage, they decided to adopt a https://www.mhc.tn.gov.in/judis 2/9 O.P.No.32 of 2022 child. The second petitioner is a Senior Software Developer at TNQ Technologies, Chennai-600 041. His annual gross income is Rs.
5,96,196/- 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 male 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 31.12.2021. The child has been given in Pre-Adoption Foster Care to the second and third petitioners on 07.01.2022, 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 Section 58(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2010). https://www.mhc.tn.gov.in/judis 3/9 O.P.No.32 of 2022
(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 male 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 31.12.2021.
(i) The first petitioner and the second and third petitioners stated that they have no adverse interst against the minor male child Magilan .
(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 male child Magilan in any other Court of Law.
3. Hence the petitioners have filed the present O.P. for the reliefs https://www.mhc.tn.gov.in/judis 4/9 O.P.No.32 of 2022 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 21.12.2018; Ex.P2 (series 2 nos) are the original Child Study and Medical Reports dated 31.12.2021; Ex.P3 is the original Child Welfare Committee order dated 09.12.2021; Ex.P4 is the photograph of the minor male child Magilan ; Ex.P5 is the photocopy of the Decision of Adoption Committee dated 31.12.2021; Ex.P6 is the affidavit by chief functionary of Specialized Adoption Agency dated 03.01.2022; Ex.P7 is the photocopy of the pre-adoption foster care undertaking in the form of an affidavit dated 07.01.2022 ; 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 P16. Ex.P9 (series 2 Nos) are the photocopies of the School Certificates of the second and third petitioners showing their date of births as 10.12.1978 and 16.02.1985 ; Ex.P10 is the Marriage Certificate of the https://www.mhc.tn.gov.in/judis 5/9 O.P.No.32 of 2022 second and third petitioners dated 08.03.2013; Ex.P11 (series 2 Nos) are the Original Health Certificates dated 24.12.2021 in respect of the second and third petitioners ; Ex.P12 is the Original salary certificate of the second petitioner dated 30.11.2021; Ex.P13(series 2 Nos) are the original recommendation letters dated 20.12.2021; Ex.P14(series 2 Nos) are the photocopies of the Aadhaar Cards of the second and third petitioners ; Ex.P15 are the photocopy of the PAN Card of the second petitioners ; Ex.P16 is consent and willingness dated 07.01.2022.
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 Regulation 5 of Adoption Regulations, 2017 that the petitioners have registered their case with CARA bearing Regn.No.PrTa121971182 and based on that, the concerned Protection Officer of the District Child Protection Unit made home visit on 21.12.2018 and conducted home study and thereafter, issued Home Study Report dated 21.12.2018 , recommending that the second and third petitioners are eligible for adoption. https://www.mhc.tn.gov.in/judis 6/9 O.P.No.32 of 2022
7. On consideration of the above evidence and also keeping in mind that the welfare of the minor male 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 natural guardians/parents of the minor male child Magilan, whose date of birth is 04.10.2021, and they are hereby declared as the adoptive parents of the said minor male 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 https://www.mhc.tn.gov.in/judis 7/9 O.P.No.32 of 2022 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 the progress of the child as regards his/her health, education and convenience/adjustment in the adoptive family.
03.08.2022 KRISHNAN RAMASAMY, J., Suk https://www.mhc.tn.gov.in/judis 8/9 O.P.No.32 of 2022 O.P.NO.32 of 2022 03.08.2022 https://www.mhc.tn.gov.in/judis 9/9