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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. Kulkarni, Advait M. Sethna
Bronson Barthol Dias – Appellant
Versus
Central Adoption Resource Authority – Respondent
JUDGMENT :
G.S. Kulkarni, J.
1. The petitioners are Prospective Adoptive Parents (PAP). They have two daughters born on 24 August 2014 and 20 June 2019 respectively. It is the petitioners case that these biological children suffer disability. The first daughter was diagnosed with Nystagmus a few months after her birth, followed by a cyst in her brain. She was operated for the removal of the cyst, but the damage in the process was permanent, which caused her visual impairment. So far as the younger daughter is concerned, it is stated that her case was falling into Global Developmental Delay as she suffers from (i) no eye contact, (ii) hearing impairment, (iii) syndromic facial features and (iv) delayed milestones. She has been issued Unique Disability ID under the provisions of the Persons with Disabilities Act, 2016.
2. It is in these circumstances, the petitioners on 10 September 2022 registered themselves as PAPs by registering on the Child Adoption Resource Information and Guidance System (“CARINGS”) portal of respondent no.1 being an application to adopt a child. At the time when such application was made the ‘Adoption Regulations 2017’, were in force. The receipt of the said appl
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The court ruled that the 48-hour period for reserving a child in adoption should start from the receipt of the medical report, emphasizing the violation of natural justice in the debarment process.
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Adoption - Applicability of JJ Act, 2015 - Adoption of child can be undertaken under the provisions of the JJ Act, 2015, only if the child is either in conflict with law or in need of care and protec....
(1) Statutory requirements - Competent Court was required to verify whether the statutory requirements were complied with and, after scrutinising the record of the proceedings, form an opinion as to ....
The importance of following the procedures outlined in the Juvenile Justice Act, 2015 and the Rules, 2018 to protect the best interest of the child throughout the adoption process.
(1) Adoption – Concept of adoption is only to facilitate permanent care and protection of child within walls of a family.(2) Allegation of collusion cannot be basis for court to interfere with adopti....
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