When 1-yr-old’s expressions lead to judgment : Foreign adoption plea allowed

When 1-yr-old’s expressions lead to judgment : Foreign adoption plea allowed

FPJ BureauUpdated: Thursday, May 30, 2019, 01:02 PM IST
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Mumbai : In a rare moment, the Bombay High Court recently passed orders of adoption by placing considerable reliance on the expressions of a one-year-old child.

The ruling came from a bench presided by Justice Gautam Patel who was hearing foreign adoption petition filed by a US couple of Indian origin.

The couple who was married since last 11 years was childless and so had filed an adoption petition. The couple expressed its desire to adopt a one-year-old girl who was surrendered by her ‘birth’ mother to a Child Welfare Committee, located in the suburbs. The Committee had declared the small girl legally free for adoption on November 27, 2015.

Vatsalya Trust had petitioned the court and submitted an undertaking. Moreover, the Central Adoption Resource Authority (CARA) too had given a no objection certificate for the said adoption.

While allowing the petition, Justice Patel said, “This is evident to me that the minor is clearly attached to both the adoptive parents as well as the adoptive mother’s father. The grandfather is especially fond of her — though unable to speak, she (the minor child) calls out for him and quietens when he picks her up.”

“The minor seems to be a bright and lovely infant and seeing the adoptive parents interact with her, I have no doubt at all that they will provide her a secure, stable, loving and nurturing home,” Justice Patel noted.

However, after taking an account of the various documents like the home study report, the medical tests (of both the parents and the child), the financial documents etc, Justice Patel said, “I have no hesitation in allowing this petition.”

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