Bombay High Court
Shraddhanand Mahilashram vs Henry Leigh Rose And Kellyn Stewart ... on 5 September, 2018
Author: G.S. Patel
Bench: G.S. Patel
901-FAP30-18.DOC
Arun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
FOREIGN ADOPTION PETITION NO. 30 OF 2018
WITH
JUDGE'S ORDER NO. 172 OF 2018
Shraddhanand Mahilashram ...Petitioner
And
Henry Leigh Rose And Kellyn Stewart
Rose And Ravi David Rose ...Proposed Adopter
Mr Rakesh Kapoor, for the Petitioner.
Mr O Hareendran, Scrutiny Officer, ICSW, is present.
CORAM: G.S. PATEL, J
DATED: 5th September 2018
PC:-
1.The Foreign Adoption Petition proposes the adoption of a male minor Ravi David Rose. He was born to an unwed mother on 15th October 2017. He was admitted to the Petitioner Institution, Shraddhanand Mahilashram on 26th October 2017. His birth mother relinquished him to the Child Welfare Committee, Mumbai City II, on 2nd November 2017.
2. Following the required procedure, the Child Welfare Committee, declared Ravi legally free for adoption. The undertaking and affidavit of the Petitioner institution is on record. The No Page 1 of 3 5th September 2018 ::: Uploaded on - 05/09/2018 ::: Downloaded on - 06/09/2018 02:08:37 ::: 901-FAP30-18.DOC Objection Certificate of the Central Adoption Resource Authority, CARA, is also on file.
3. The adoptive parents are American nationals. They live in Texas, USA. They are about 30 years old and have been married for last seven years. They have a biological son who is today two years old. They also have an adoptive daughter, about three and half years old. She was adopted from the United States. The adopted child's birth certificate, adoption order and other documents, along with the adoption motivation documents are on record.
4. The medical report of the minor states that he has some bronchial issue. The adoptive parents have counter-signed the report. The first adoptive parent has been diagnosed with hypothyroidism. He is currently stable on oral medication. The HIV reports for all are negative. The health reports of the biological son and daughter are on record. Both are reported to be in good health.
5. The adoptive father works as an Engineer with Texas Instruments. He has a total income for the year 2017 of over US$240,000. The second adoptive parent is a home-maker. Their tax documents and financial documents are on record.
6. I have seen the child care arrangement plan and I am satisfied with it. The home study report strongly recommends the adoption of by these adoptive parents of a child in the age group of zero to two years from India. There is a special mention in that report of the adoption recommended being for a child with special medical needs.
Page 2 of 35th September 2018 ::: Uploaded on - 05/09/2018 ::: Downloaded on - 06/09/2018 02:08:37 ::: 901-FAP30-18.DOC The approval notice from the US Citizenship and Immigration services is on record. The Article 5 letter from the US Embassy is tendered, taken on record and marked "X" for identification with today's date.
7. I also have on file a child security undertaking from the parents of the second proposed adoptive parent to look after the minor, should the need arise.
8. I have seen the scrutiny report presented by Mr O Hareendran, Scrutiny Officer of the Indian Council of Social Welfare, which is on record.
9. The documents being in order, I will allow the Petition. The Judge's Order is separately signed.
10. The Registry will get the Petition with all its annexures and all orders, including the signed Judge's Order, scanned. These digital copies are to be preserved. A soft copy may be given to the Advocate for the Petitioner free of cost on a pen drive provided by the Advocate for the Petitioner for the same. The Registry will ensure that the scan of the Judge's Order is a properly calibrated colour scan.
(G. S. PATEL, J) Page 3 of 3 5th September 2018 ::: Uploaded on - 05/09/2018 ::: Downloaded on - 06/09/2018 02:08:37 :::