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Welfare Of Child Is Of Paramount Consideration: Bombay HC Grants Guardianship To Caregiver Over Biological Parents

The Bombay High Court has allotted the Guardianship for a minor child to its caregiver finding the biological parents unfit for the same. The Court, after considering extensive evidence including medical reports, affidavits, WhatsApp communications, and photographs, emphasized the paramount importance of the child's welfare. The petitioner filed a Guardianship Petition seeking legal guardianship of a minor child. The petitioner provided evidence, including a report from Hospital and a discharge card, indicating that he was handed over to her with the consent of his biological parents.

A Bench of Justice R.I. Chagla found, “I have interacted with the minor child Gabriel in my Chambers and have found that he is extremely attached to the Petitioner. Further, the biological mother, Respondent No.2 has deep psychological issues and this was noticed whilst passing of this Order in Court as there was a huge commotion caused by the Respondent No.2 which disturbed Court proceedings. The Respondent No.1 is very aggressive and has acted in defiance of orders of this Court by stating that he will forcefully take Gabriel from the custody of the Petitioner.”

Advocate Filji Frederick appeared for the Petitioner and Advocate Rajiv Basant Chaudhary appeared for the Respondents.

The petitioner argued that she had been taking care of him since his birth, providing for all his needs and ensuring his well-being. The respondents, who were biological parents, contested the petitioner's claims, alleging that their child was forcibly taken from them and seeking his custody back.

The respondents filed affidavits denying the petitioner's contentions and claiming that they had requested his return, but the petitioner refused. The Court also considered WhatsApp communications and photographs, which showed the respondents visiting the child at the petitioner's residence and acknowledging the petitioner as his caregiver.

Inter-Country Adoptions: Delhi High Court Pulls Up CARA For Issuing Mere Support Letters Instead Of NOCs, Says Process Can't Be Made Onerous

JAGDISH SINGH SHARY v. CENTRAL ADOPTION RESOURCE AUTHORITY

 

Taking a grim view of the matter, the Delhi High Court has said that the issuance of no-objection certificates (NOCs) by Central Adoption Resource Authority (CARA) cannot be made onerous for those who opt for inter-country adoptions.

Justice Prathiba M Singh said that in terms of the modified Adoption Amendment Regulations, 2021, CARA is mandated to issue NOCs to Hague Adoption Convention ratified countries.

The court said that the “issuance of mere support letters is completely inexplicable, especially once the documentation is completed by the parties.”

Inter-Country Adoptions: Delhi High Court Pulls Up CARA For Issuing Mere Support Letters Instead Of NOCs, Says Process Can't Be Made Onerous

JAGDISH SINGH SHARY v. CENTRAL ADOPTION RESOURCE AUTHORITY

 

Taking a grim view of the matter, the Delhi High Court has said that the issuance of no-objection certificates (NOCs) by Central Adoption Resource Authority (CARA) cannot be made onerous for those who opt for inter-country adoptions.

Justice Prathiba M Singh said that in terms of the modified Adoption Amendment Regulations, 2021, CARA is mandated to issue NOCs to Hague Adoption Convention ratified countries.

The court said that the “issuance of mere support letters is completely inexplicable, especially once the documentation is completed by the parties.”

Adoption: Woman recalls prejudice she faced as a child

A woman abandoned as a newborn baby by a roadside in Uganda has recalled the "stigma" of growing up as an adopted child in the 1960s and 1970s.

Bharti Dhir was found in a fruit box by a passer-by in the town of Kabale in 1960 before being adopted by a Sikh family.

At the age of seven she accidentally discovered she was adopted.

Now living in Reading, Berkshire, she is helping families starting their own journeys of adopting children.

Ms Dhir, 63, remembers the moment when she inadvertently stumbled upon details of her background at the family home in Uganda.

Vancouver couple pleads not guilty to adopted son’s death

VANCOUVER Wash. (KPTV) - The jury selection began Monday in the trial of a Vancouver couple accused of abusing their adopted teenage son, including starving him to death.

 

The Clark County medical examiner said 15-year-old Karreon Franks died in November of 2020 from starvation and neglect. His adoptive parents, Jesse Franks and Felicia Adams-Franks were charged with murder and homicide by abuse.

They both pleaded not guilty. The jury selection is expected to continue into Tuesday.

Tamil Nadu doctor, broker arrested for trafficking of newborns, health minister

TN health minister M Subramanian added that they had received information a week ago about babies being sold and illegal kidney donations

Chennai: A government doctor, A Anuradha, and a tout have been arrested in Namakkal district for selling seven newborn babies across Tamil Nadu to childless couples from those who had more than two children, said state health minister M Subramanian on Monday.

Tiruchengode town police in Namakkal district arrested the 49-year-old doctor and broker T Logammbal, 38, on Sunday night based on a complaint lodged by a couple. (HT Archives)

He added that they had received information a week ago about babies being sold and illegal kidney donations. “District officials have been investigating for the past one week,” the minister said.

Tiruchengode town police arrested the 49-year-old doctor and broker T Logammbal, 38, on Sunday night based on a complaint lodged by a couple S Dinesh and Nagajothi. The woman had her third baby girl on October 12. The couple previously had two daughters. In his complaint, Dinesh said a woman identifying herself as a nurse said she would give them ₹2 lakh if they sell their baby.

JAGDISH SINGH SHARY versus CENTRAL ADOPTION RESOURCE AUTHORITY.

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 16th October, 2023 + W.P.(C) 11168/2020, CM APPL. 40499/2021 & 36035/2023 JAGDISH SINGH SHARY ..... Petitioner Through: Mr. Kabir S. Ghosh, Adv. (M:9599966048) versus CENTRAL ADOPTION RESOURCE AUTHORITY..... Respondent Through: Mr. Vineet Dhanda (CGSC) with Mr. Vinay Yadav & Mr. Durga D. Vashist, Advs. (M: 9811013810) Mr. Atul Nagarajan, Ms. K. Pallavi & Ms. Lavanya Regunathan Fischer, Amicus Curiae. (M:9871045249)

When Foster Parents Don’t Want to Give Back the Baby

In many states, adoption lawyers are pushing a new legal strategy that forces biological parents to compete for custody of their children.

by Eli Hager

 

Alicia Johansen spent her childhood moving with her drug-addicted mom from one place to the next, trying to brace herself for the moment when the water and the electricity would get cut off. So at 22, when she had a chance to run Dolittle’s pool hall in the ranching town of Akron, Colorado, she was intent on making some money. She kept the bar open deep into the night, after the older guys who bet on horse races departed, and the truckers and the younger crowd, with the meth, drifted in. Meth, she soon discovered, helped her work longer hours.

An occasional customer was Fred Thornton, a former high school baseball star in his early 30s. Fred was sometimes a roofer and at other times unemployed and homeless. They began dating casually and using together, and he told her of his own complicated childhood: placed in foster care as a toddler, after allegations of neglect, and later adopted.