Madras High Court 2(2) And 17(1) Of The Adoption ... vs Unknown on 31 March, 2019
Madras High Court
2(2) And 17(1) Of The Adoption ... vs Unknown on 31 March, 2019
O.P.No.657 of 2021
O.P.No.657 of 2021
ABDUL QUDDHOSE, J.
This petition has been filed under Section 56(4) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) read with Regulations 12(2) and 17(1) of the Adoption Regulations.
2. The first petitioner is a recognized specialized Adoption Agency under Section 65 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) and hereinafter referred to as “Act”” by the State Government of TamilNadu for rehabilitating orphans, abandoned and surrendered children through adoption in accordance with the provision of the Act and its Regulations.
3. Central Adoption Resource Authority (CARA), has issued notice on 18.05.2016 to all Specialized Adoption Agencies that they can file a petition in Court. The first petitioner, being Specialized Adoption Agency, has been permitted by CARA in the 'No Objection Certificate' dated 31.03.2019 to do Inter Country Adoption. The Inter Country Adoption licence granted to the https://www.mhc.tn.gov.in/judis O.P.No.657 of 2021 first petitioner institution by the Government of TamilNadu has been renewed on 29.04.2019 and the period of validity of the Certificate is five years from 31.12.2018 to 29.12.2023.
4. The first petitioner, which is a registered Child Care Institution, is having the care and custody of the minor child Keerthiga Sree, having date of birth as 14.11.2019.
5. According to the first petitioner, the minor child Keerthiga Sree was an abandoned child and handed over to the first petitioner on 05.03.2020 by the Child Welfare Committee. The said child was transferred to Adoption unit for further rehabilitation on 24.11.2020. The said child was declared as abandoned and free for adoption by the Child Welfare Committee, Chennai by its order dated 23.02.2021. According to the first petitioner, the child is now about two years.
6. The second petitioner is a citizen of Gozo, Malta, holding passport No.1208409 and the third petitioner is the citizen of Gozo, Malta, holding Passport No.1208371. The date of birth of second petitioner is https://www.mhc.tn.gov.in/judis O.P.No.657 of 2021 25.12.1982 and that of the third petitioner is 07.10.1983. They got married on 25.08.2007.
7. According to the first petitioner, the second and third petitioners do not have a biological / adopted child and they wanted to adopt a child from India. According to the first petitioner, the second and the third petitioners have the financial means to take care of the child to be adopted by them. In the petition filed in support of the O.P. No.657 of 2021, the petitioners have also disclosed the annual income of the second petitioner and the third petitioner and have stated that the said annual income is adequate to maintain the minor child to be adopted by them. The details of the second and third petitioner's employment is also furnished in the petition. According to the petitioners, the adoptive parents viz., the second and third petitioners have complied with all the statutory requirements for the purpose of adopting a child from India. In such circumstances, they have sought for a direction from this Court to declare the second and third petitioners as parents of the child Keerthiga Sree.
8. Before the learned Master, the first petitioner's power of attorney https://www.mhc.tn.gov.in/judis O.P.No.657 of 2021 holder, Ms.Chitra Krishnan was examined as P.W.1. She has deposed on behalf of all the petitioners and in her deposition, she has reiterated the contents of the petition filed in support of O.P. No.657 of 2021.
9. Before the learned Master, the following documents were filed which were marked as Exhibits:
Exhibits Nature of the document
Ex.P-1 Photocopy of the Power of Attorney from the SAA dated
19.08.2015
Ex.P-2 Photocopy of the General Power of Attorney dated
17.10.2018 executed by the petitioners 2 and 3 in favour of the petitioners.
Ex.P-3 Photocopy of the Certificate of Recognition by State Government dated 29.04.2019.
Ex.P-4 Photocopy of the custody of the child dated 05.03.2020. Ex.P-5 Photocopy of the Transfer letter of the child dated 24.11.2020.
Ex.P-6 Photocopy of the certificate of CWC clearance dated 23.02.2021.
Ex.P-7 Original Child Study Report dated 29.05.2020 Ex.P-8 Original Medical Examination Report of the petitioners 2 and 3 dated 29.05.2021.
Ex.P-9 Photocopy of the No Objection Certificate from CARA dated 11.06.2021.
Ex.P-10 Original Home Study Report of the 2nd and 3rd petitioners
dated 07.05.2018
https://www.mhc.tn.gov.in/judis
O.P.No.657 of 2021
Exhibits Nature of the document
Ex.P-11 Notorized copy of the certificate of marriage took place
on 25.08.2007.
Ex.P-12 Notorized copies of the certificate of Medical Fitnesses of
the 2nd and 3rd petitioners.
Ex.P-13 Notorized copies of the financial statement /proof of
income of the 2nd and 3rd petitioners
Ex.P-14 Original adoptive parents police clearance dated
11.05.2021.
Ex.P-15 Original letter of consent and declaration of willingness
given by the adoptive parents
Ex.P-16 Notorized copies of the passports of the adoptive parents
Ex.P-17 Original undertaking by Sponsoring Agency dated
14.11.2019
Ex.P-18 Photograph of the minor Keerthiga Sree along with
compact disc
10. As seen from the evidence available on record, the first petitioner is a recognized Specialized Adoption Agency under Section 65 of the Juvenile Justice (Care and Protection of Children) Act 2015 (2 of 2016) by the State Government of TamilNadu for rehabilitating orphans, abandoned and surrendered children through adoption. CARA has also permitted the first petitioner to file a petition in Court seeking permission of this Court for Inter Country Adoption. The Inter Country Adoption licence granted by the Government of TamilNadu to the first petitioner-institution is also valid up to https://www.mhc.tn.gov.in/judis O.P.No.657 of 2021 29.12.2023. Only during the period of licence, they have filed this petition.
11. It is evident that the child, Keerthiga Sree, is an abandoned child born on 14.11.2019 and handed over to the first petitioner on 05.03.2020 by the Child Welfare Committee. The child was also declared as abandoned and free for adoption by the Child Welfare Committee, Chennai by its order dated 23.02.2021. The Child is presently two years old.
12. As seen from the evidence available on record, the second and third petitioners, who are the adoptive parents, are citizens of Gozo, Malta and they have their passports, which has also been marked as Exhibit-P16 before the learned Master. The date of birth of the second petitioner is 25.12.1982 and the third petitioner is 07.10.1983 as seen from the evidence available on record. It is seen that the second and third petitioners got married on 25.08.2007 and they do not have biological/ adopted child.
13. The second petitioner is working in a Construction Company named C.Mifsud Construction Limited and earning a gross annual salary of 14512 Euros which is equivalent to Indian Currency about Rs.12,55,832.62 as https://www.mhc.tn.gov.in/judis O.P.No.657 of 2021 on 07.06.2021 and the third petitioner is also employed with Agri & Pets Suppliers Ltd and earning a gross annual salary of 5812 Euros which is equivalent to Indian Currency about Rs.5,02,905/- as on 07.06.2021. As seen from the financial statements produced by the second and third petitioners, which has been marked as Exhibit-P13 before the learned Master, it is clear that they have got financial means to support and maintain the child all through their lifetime.
14. The Child Study Report and the Medical Examination Report have also been filed, which have been marked as Ex.P7 and Ex.P8 respectively before the learned Master. The child, even though being a special child, the second and third petitioners have agreed for adopting her by signing the declaration form, which has been marked as Exhibit-P15 before the learned Master. The Medical Examination Report of the petitioners 2 and 3, who are the adoptive parents, has also been marked as Exhibit-P8 to prove that the adoptive parents are medically fit and they are healthy enough to adopt the child.
15. The mandatory procedure required for Inter Country Adoption has https://www.mhc.tn.gov.in/judis O.P.No.657 of 2021 been duly complied with by the petitioners, as seen from the evidence available on record. The statutory requirements under the Juvenile Justice (Care and Protection of Children) Act 2015 (2 of 2016) as well as the judgment of the Hon'ble Supreme Court in the case of LAKSHMI KANT PANDEY -Vs- UNION OF INDIA, reported in CDJ Law Journal 1984 SC 343 has been duly complied with by the petitioners.
16. For the foregoing reasons, this Court is inclined to grant the reliefs prayed for in the petition filed in support of O.P. No.657 of 2021. Accordingly, the following reliefs are granted;
(a) The second and third petitioners Mr.Josef Mifsud and Mrs.Moira Mifsud wife of Mr.Josef Mifsud, both residing at Paradise House Scrug Street, Xaghra, Gozo, Malta are appointed as parents of the minor female child, Keerthiga Sree whose Date of Birth is 14.11.2019.
(b) The prospective adoptive parents, viz., Mr.Josef Mifsud and Mrs.Moira Mifsud are declared as parents of the said child, Keerthiga Sree for all purposes allowed by the law and they are allowed to take the minor child to the country of their residence for up-bringing the child as their own child with the legal status of a biological child with all the rights of succession and https://www.mhc.tn.gov.in/judis O.P.No.657 of 2021 inheritance;
(c) The Birth Certificate Issuing Authority is directed to issue birth certificate for Child Keerthiga Sree within five working days from the date of application, as per the provisions of Sub-Regulations (5) of the Regulations 18 and Regulation 36 of CARA Regulations;
(d) The Regional Passport Office concerned is directed to issue passport for the said child within 10 days from the date of application, as per Sub- Regulations(4) of the Regulations 18 and Regulation 38 of CARA Regulations.
(e) The petitioners 2 and 3 are permitted to take the custody of the minor child Keerthiga Sree for being adopted, fostered, brought up and maintained by them in Gozo, Malta.
(f) The petitioners 2 and 3 are also permitted to take the child out of India for being brought up by them in Gozo, Malta.
(g) The petitioners 2 and 3 shall submit periodical reports regarding the welfare of the child at the intervals of three months in the first two years, and at the intervals of six months during the succeeding three years to the Court.
(h) The minor child Keerthiga Sree shall be adopted by the petitioners 2 and 3 in accordance with the local laws in Gozo, Malta, within a period of one https://www.mhc.tn.gov.in/judis O.P.No.657 of 2021 year from the date of this order.
17. Accordingly, O.P. No.657 of 2021 is allowed. No costs.
03.12.2021 srn/ab https://www.mhc.tn.gov.in/judis O.P.No.657 of 2021 ABDUL QUDDHOSE, J.
srn/ab O.P.No.657 of 2021 03.12.2021 https://www.mhc.tn.gov.in/judis