Bombay High Court Vatsalya Trust vs Marino Pietro And Occhetta ... on 3 October, 2018

901-FAP36-18.DOC

Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

FOREIGN ADOPTION PETITION NO. 36 OF 2018

WITH

JUDGE'S ORDER NO. 198 OF 2018

Vatsalya Trust ...Petitioner

Versus

Marino Pietro and Occhetta Barbara ...Proposed

Adopters

Mrs Sangeeta A Nagpal, for the Petitioner.

Mr O Hareendran, Scrutiny Officer, ICSW, is present.

CORAM: G.S. PATEL, J

DATED: 3rd October 2018

PC:-

1.

The Foreign Adoption Petition proposes the adoption of a male minor, Aakash. He was born on 5th March 2015. On 14th March 2016, the police officers of the Kamothe Police Station, Navi Mumbai found him abandoned. and taken charge of by the Komothe Police Station, Navi Mumbai. They produced him before the Child Welfare Committee and he was then placed in the safe custody of the Vatsalya Trust's Alibag unit on the same day. Later, on 20th July 2016, Aakash was transferred to the Petitioner institution, Vatsalya Trust, at its Mumbai unit.

3rd October 2018 901-FAP36-18.DOC

2. The Child Welfare Committee, Karjat, Dist. Raigad has, after following necessary procedures, declared the child legally free for adoption.

3. The undertaking / Affidavit of the Petitioner and the No Objection Certificate of CARA are on record.

4. The Decree of Eligibility to Intercountry Adoption from The Juvenile Court of Milan and Adoption Guarantee Letter issued by the Commission for Intercountry Adoption on behalf of the Government of Italy is on record.

5. The proposed adoptive parents are from Italy. They live in Nosate. They are both about 43 and 42 years old respectively. They have been married for the last six years. They have no biological children of their own.

6. The medical reports of the child are on record. The Medical Examination Report of the minor states that the child had severe nutritional rickets, but that this has been treated completely. The adoptive parents have countersigned these reports. The medical report of the adoptive parents do not show any abnormalities or any adverse condition. The HIV reports for all are negative.

7. The adoptive father is an entrepreneur and business partner in a company. His total income for the year 2016 was Euro 40,820. The adoptive mother is an Administrative Employee III Level with 3rd October 2018 901-FAP36-18.DOC Carla Lorenzi's office and her total income for the year 2016 was Euro 12,690. The other financial documents are on record.

8. Copies of the Admission Letter, Transfer Order and the Child Care Plan are taken on record and marked 'X1' for identification with today's date. The child care plan is satisfactory.

9. The undertaking by the Authorized Foreign Adoption Agency "Mehala Families for Children", Italy is on record.

10. The home study report says that the adoptive parents are capable of providing the child with a safe, stable and nurturing environment. It recommends the adoption. The other documents are in order.

11. I have seen the scrutiny report presented by Mr O Hareendran, Scrutiny Officer of the Indian Council of Social Welfare, which is on record.

12. Having regard to these circumstances, I will allow the Petition. The Judge's Order is separately signed.

13. 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 3rd October 2018 901-FAP36-18.DOC that the scan of the Judge's Order is a properly calibrated colour scan.

14. Once Aakaah is 18 years old, he may apply independently for authenticated or certified copies of this order and the contents of the court records, and these will be provided to him without him having to file any additional supporting documents.

.