Bombay High Court
M.S.W.C.Adoption Group vs Simone Zanetti And Anr on 10 February, 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. 5 OF 2021
WITH
JUDGE'S ORDER NO. 26 OF 2021
IN
FOREIGN ADOPTION PETITION NO. 5 OF 2021
M.S.W.C. Adoption Group at
M.S.W.C. Asha Sadan Balgruh ...Petitioner
And
1. Mr.Simone Zanetti
2. Mrs. Luisa Libera Muscu .. Prospective Adoptive Parents
***
Ms.Dipal S. Mehta for petitioner.
Mr.O. Hareendran, Representative of ICSW present.
Mr. Arun Kesarkar, 2nd Asstt. Master present.
CORAM : N.J. JAMADAR, J.
DATE : 10th FEBRUARY 2021
(IN CHAMBERS)
P.C.
1. The petition is for an inter-country adoption of a female minor 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 preferred by M.S.W.C. Adoption Group at M.S.W.C. Asha Sadan Balgruh,
Mumbai, an authorised adoption agency. The petition is supported by the
affidavit of Ms.Jayalakshmy K., Superintendent/Authorised 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 30th September 2017. She is a surrendered
child. The child came to be entrusted to the custody of the petitioner by
order passed by Child Welfare Committee, Mumbai City-I on 11 th November
2017. After an enquiry envisaged under section 38 of the Act, 2015, the
Child Welfare Committee has declared the child legally free for adoption by
order dated 30th July 2018.
4. The Central Adoption Resources Authority (CARA) has given no
objection to the adoption of the child by the prospective adoptive parents :
Mr.Simone Zanetti ('Simone') and Mrs. Luisa Libera Muscu ('Luisa'), who
are Italian Nationals, under the 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 5 th January 2021.
The Juvenile Court of Milano, vide decree dated 3 rd December 2016 has
declared Simone and Luisa suitable to adopt the child.
5. The child study and the medical examination reports of the child
indicate that the child is developmentally normal. 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. They have
countersigned the medical reports. The HIV test of the child is non-reactive.
6. The prospective adoptive parents have been certified to be medically
fit and that their health does not disqualify them in parenting a child. The
Shraddha Talekar PS
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marriage of the prospective adoptive parents was solemnized on 10 th
September 2005. They have no biological issue. However, they have an
adoptive son Beta, born on 31st October 2012.
7. Simone has a Degree in Law. Luisa has a High School Diploma.
Simone is employed as Commercial Manager with Cimolai S.P.A., Italy and
has an annual income of 75.400,00 Euros. Luisa is employed as
Administrative Officer with Sanitary System, Logo Lombardia Region and
has annual income of 16.680,00 Euros.
8. Simone is suffering with the problem of infertility. The prime
motivation for adoption appears to be the desire to complete the family.
The adoption of a son in the year 2013 has encouraged them to adopt a
second child in order to enlarge and complete their family.
9. The home study report evaluates the prospective adoptive parents
favourably. It is reported that the prospective adoptive parents are suitable
and ready for the second adoption. They appear to be receptive to
suggestions and modulate their actions.
10. The psycho-social enquiry about the prospective adoptive parents
found that the prospective adoptive parents are able to welcome another
child and to introduce her in their family, respecting the peculiarity and the
fatigues of the child Beta already in the family and where he is growing up
in a good way.
Shraddha Talekar PS
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11. The report submitted by A.I.P.A. reveals that the prospective
adoptive parents have involved their respective families of origin in their
second adoption project. They show good personal resources of relation
which is favourable to the adoption of a second child.
12. The personal property statement and declaration indicates the gross
income in the last three years (at page 177 of the petition), as under :
YEAR HUSBAND WIFE
2017 € 60.236 € 17.167
2018 € 73.657 € 16.404
2019 € 72.031 € 16.680
The accumulated savings in bank upto 31 st July 2020 is 120.346,00
Euros.
13. The employment certificates of Simone and Mrs.Luisa are also placed
on record. The attested copies of the tax returns lend support to the claim
of the prospective adoptive parents regarding their income. The documents
on record thus reveal that the prospective adoptive parents are well placed
in life and are financially stable and secure.
14. The Government of Italy has furnished Adoption Guarantee Letter
dated 7th October 2017 to the effect that the citizenship shall be conferred
on the child and as a citizen of Italy, the child shall be eligible to receive all
the benefits of a child born to Italian parents, including full time education,
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social welfare and comprehensive medical benefits as provided by the laws
of Italy. The Foreign Adoption Agency has also furnished an undertaking,
dated 26th August 2020 to the effect that in case of any disruption of the
adoptive family before legal adoption can be effected in the receiving
country, they shall take care of the child and find a suitable alternate
placement for the child.
15. Mrs. Elena Zanetti and Mr. Angelo Bosotti, sister and brother-in-law
of Simone, the prospective adoptive father, have furnished an undertaking
whereby they have undertaken to take care of the child, look after,
maintain and educate the child in the event of an unforeseen eventuality.
16. In the backdrop of the aforesaid material, certificates and
undertakings, especially favourably home study and psychological reports,
social and financial standing of the prospective adoptive parents, their
overall disposition, I am impelled to hold that the prospective adoptive
parents are physically fit, financially sound, mentally alert and highly
motivated to adopt the child. Conversely, I do not find any impediment in
allowing the petition.
17. Hence, the petition deserves to be allowed. Thus, the following
order:
ORDER
(i) The petition is allowed in terms of prayer clauses (a) to (f).
Shraddha Talekar PS
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(ii) The child shall not be offered for further adoption.
Shraddha
K. Talekar (iii) Undertakings are accepted.
Digitally signed by
Shraddha K. Talekar
Date: 2021.02.12
(iv) Judge's order is signed separately.
18:00:54 +0530
The petition stands disposed of in the aforesaid terms.
[ N.J. JAMADAR, J. ] Shraddha Talekar PS