Bombay High Court
Janani Ashish Charitable Trust vs Harsh Shreyas Soni And Monika Patel Soni ... on 28 February, 2020
Author: G.S. Kulkarni
Bench: G.S. Kulkarni
Nikita Gadgil 1 of 8 FAP 3-20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
FOREIGN ADOPTION PETITION NO. 3 OF 2020
Janani Ashish Charitable Trust ....Petitioner
AND
Harsh Shreyas Coni and Anr. ....Proposed
Adopters
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Mr. Rakesh K.L.Kapoor, Advocate for the Petitioner.
Mr. O. Hareendran, Scrutiny Officer.
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CORAM : G.S. KULKARNI, J.
DATE : 28 FEBRUARY 2020
P. C.
Leave to amend the cause title to incorporate new address of the
petitioners-adoptive parents. Amendment be carried out forthwith.
2. This is a foreign adoption petition wherein the petitioner, Janani
Ashish Charitable Trust, having its address at Plot P/37, M.I.D.C., Res.
Zone Dombivali (East)-421 203, Dist. Thane, Maharashtra, a
recognized adoption agency alongwith the co-petitioners Mr. Harsh
Shreyas Sone and his wife Mrs. Monika Patel Soni, both of whom are
citizens of United States of America having their address at 4809
Birmingham Way, San Jose, California 95136, U.S.A., (for short "the
adoptive parents") are before the court praying that male minor
"Suraj" born on 18 October 2016 be granted in adoption to the
adopters.
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3. On 20 June 2016 minor Suraj was presented before the Child
Welfare Committee(for short "CWC"), Thane. By an order dated 25
October 2016, the CWC granted safe custody of minor Suraj to the
petitioner institution with effect from 20 October 2016 as per the
provisions of Section 33 (4) of the Juvenile Justice (Care and
Protection of Children Act, 2015 (for short "Juvenile Justice Act").
4. Thereafter, an inquiry was undertaken by the CWC under
Section 38 of the Juvenile Justice Act and in pursuance thereto, minor
Suraj was declared legally free for adoption on 8 January 2019. Copy
of the order is placed on record. The Central Adoption Resource
Authority (for short "CARA") has also issued a "No Objection
Certificate" dated 19 November 2019 to the adoption of minor Suraj
by the adoptive parents as per Adoption Regulations 2017 and Article
17 (c) of the Hague Convention on the Protection of Children and Co-
operation in respect of Inter-country Adoption 1993.
5. Insofar as the adoptive parents are concerned, as noted above
they are American Nationals of Indian origin, presently residing at
California, U.S.A., who are aged about 38 and 39 years respectively.
They are married for last 13 years (Date of Marriage 26 December
2006) with one biological daughter, Raina Harsh Soni, who was born
on 13 May 2012. Her birth certificate, consent letter and health report
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are placed on record. A Joint family photograph of the adoptive
parents along with copies of passport and O.C.I. Registration
Certificate are placed on record.
6. In regard to the health report of adoptive parents, these are
dated 13 May 2019 an 14 May 2019 which record no symptoms of any
contagious, terminal, physical, mental disease or any physical
incapacity detrimentally affecting their fitness to have custody of and
educate an adoptive child. Their HIV reports certify the case as non
reactive.
7. Insofar as the adoptive father is concerned, he is working as an
Associate Manager with "Accenture" since 22 February 2010. His
income for the year 2018 was USD 108,179.06. The adoptive mother
is also working as Graphic Designer with "A&D Engineering", since 1
May 2017. Her annual salary is USD 88,192.08. The income tax
returns for the year 2018 of the adoptive parents are placed on record.
Also bank reference and statement of financial assets and property are
on record. The petitioners have also placed on record proof of
residence as also new address of the adoptive parents which is 4809
Birmingham Way, San Jose, California 95136, U.S.A. as the same is
different from the address which was informed to CARA.
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8. There is a home study report dated 10 June 2019 of the
authorities of "Across the World Adoptions" California, USA, which
record that the adoptive parents are matured individuals who are in a
secure and stable marriage with good communication and problem
solving skills within their relationship. They are stated to be devoted
parents to their biological daughter and are motivated to provide the
same devotion to the adopted child. The report also states that they
are healthy, active individuals with stable income and more than
adequate financial resources and capacity to care for additional
children. They are accordingly recommended for adoption of one male
child of two to four years of age at the time of referral from India.
9. There is psychological assessment report of the adopted parents
dated 15 August 2018 which records that they are free of any mental
conditions that would make them mentally unstable and/or unable to
function or prohibit their ability to parent.
10. There is also an Article 5 letter dated 10 October 2019 of the
Embassy of USA, office of Children's Issues, U.S. Department of State,
Washington DC. The adoptive parents have also placed on record a
child care arrangement plan declaration dated 30 September 2016.
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11. Insofar as medical examination report of the minor is
concerned, it is dated 19 February 2019 which records that minor
Suraj is an active and playful child. His physical development and
communication skills are normal for his age. However, his cognitive
skill is below average and requires intervention. The HIV test reports
of the minor dated 30 August 2019 are in the "Negative". A post card
size photograph of the minor is placed on record.
12. There is a declaration of willingness and undertaking of the
adoptive parents recording that they are willing to be appointed as
parents of the child according to the applicable laws of India and USA
and provide the child with the necessary education and upbringing
according to their status and make him the heir of their family.
13. There is also an undertaking dated 27 June 2019 of the
Authorized Foreign Adoption Agency (AFFA) "Across the World
Adoptions" California, USA to provide follow-up report of the child
and make alternative arrangement in case of disruption of the
adoptive family. There is also a special power of attorney dated 29
August 2016 duly signed by the adoptive parents in favour of the
petitioner institution as placed on record. The undertaking/affidavit
by the petitioner is on record.
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14. The CARA (The Central Adoption Resource Authority) has also
issued a no objection certificate dated 19 November 2019 apposing
the adoption.
15. Mr. O. Hareendran, Scrutiny Officer of the Indian Counsel of
Social Welfare, Central Office, Mumbai, has made a representation
(marked 'X-1' for identification), setting out all the details in regard to
the proposed adopters. This representation does not indicate anything
adverse, for this court, not to permit the adoption in question.
16. Having heard the learned Counsel for the petitioner and having
perused the record as noted above, the permission as granted by CARA
as also having perused the report of Mr. O. Hareendran, Scrutiny
Officer from the Institute of Child and Social Welfare dated 26
February 2020, in my opinion the adoptive parents appear to be
suitable to adopt minor Suraj. Considering the paramount interest and
welfare of the minor male child Suraj and the intention, desire and
spirit of the adoptive parents, to have in adoption a minor child like
Suraj from India, the petition is required to be allowed. It would be
required to be allowed accepting the undertakings as made by the
adoptive parents as placed on record as also the undertakings which
are furnished by the Authorised Foreign Adoption Agency "Across the
World Adoptions" California, USA. The agency shall for a period of
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three years send half yearly reports in regard child 'Suraj' to CARA. I
thus do not find any impediment in granting the reliefs as prayed for.
17. Hence, the following order:-
ORDER
(a) The male minor Suraj born on the 18 October 2016 be granted in adoption to the proposed Adopters under Section 59 (7) of the Juvenile Justice Act, 2015.
(b) It is declared that petitioners Mr. Harsh Shreyas Soni and his wife Mrs. Monika Patel Soni shall be the Adoptive Parents of the said minor and shall have all parental rights, privileges and responsibilities over the said minor child Suraj now in the care and custody of Janani Ashish Charitable Trust, Plot P/37, M.I.D.C., Res. Zone Dombivali (East)-421 203, Dist. Thane, Maharashtra.
(c) That the adoptive parents are allowed to change the name of the minor Suraj to Suraj Harsh Soni.
(d) Leave/Permission is granted to apply to the concerned Municipal Authorities to issue Birth Certificate of the said minor Suraj Harsh Soni.
(e) The Adoptive parents are granted leave to remove the said minor Suraj Harsh Soni, from the jurisdiction of this ::: Uploaded on - 16/03/2020 ::: Downloaded on - 12/06/2020 10:01:44 ::: Nikita Gadgil 8 of 8 FAP 3-20 Hon'ble Court and to take the said minor to USA or wherever they may reside in future.
2. The Judge's order is separately signed.
3. The adoptive parents shall also through concerned Authorities forward half yearly progress and development reports of the minor for a period of three years from today, to the Central Adoption Resource Authority (CARA), New Delhi.
4. The foreign adoption petition is disposed of in the above terms.
5. Parties be furnished authenticated copy of this order.
[G.S. KULKARNI, J.] ::: Uploaded on - 16/03/2020 ::: Downloaded on - 12/06/2020 10:01:44 :::