V. Nath, J. – Heard Mr. Umesh Prasad Singh, learned senior counsel appearing on behalf of the petitioner and Mr. Sunil Dutta Mishra, the Member Secretary Bihar State Legal Services Authority who has appeared as amicus curiae in the matter.

2. The present matter relates to the proposed inter-country adoption of an abandoned child where the prayer for adoption order as envisaged under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Adoption Regulations, 2017 has been tuned down by order dated 08.02.2017 passed in Misc. (adoption) Case No. 05 of 2017 by the Principal Judge, Family Court, Darbhanga Bihar.

3. The prayer in this application under Article 227 of the Constitution of India has been made for quashing the said order and in the facts and circumstances of the case pass an order for adoption allowing the prospective adoptive parents to take the child in adoption in accordance with law/rules/regulations.

4. The petitioner in the present application is a Specialized Adoption Agency which is said to have been registered under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 in the manner prescribed therein.

5. A newly born female child was found lying near railway track in the District of Muzaffarpur by the team member of Childline Services, Muzaffarpur on 08.08.2015. The said child was brought to the primary health centre in the locality for medical treatment and a Sanha of recovery/getting of the child was lodged in the police station of the locality on the same day. The said child was then produced before the Child Welfare Committee, Muzaffarpur in accordance with the provision of Section 31 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the ‘J.J. Act, 2015’), and on the direction by the Committee, the said child was placed in the care of Vishist Duttak Grahan Sansthan, Khabara, Muzaffarpur. After registration, the said child was named as Shalu Kumari and now it has been stated that after the proposed adoption, her new name is Jeo Kaur Khaila.

6. However, after de-recognition of the said Agency (Vishist Duttak Grahan Sansthan Khabara, Muzaffarpur), the Child Welfare Committee passed order dated 01.12.2015 directing the said child Shalu Kumari along with other similar children to be placed in the care of the petitioner which as abovementioned, is a registered Specialized Adoption Agency at Darbhanga. Accordingly, the said child Shalu Kumari has been placed in the care of the petitioner. The Child Welfare Committee, Muzaffarpur subsequently by Certificate dated 13.07.2016 (Annexure-P/3), in accordance with the provision of Section 38 (4) of the J.J. Act, 2015 declared the child Shalu Kumari, placed in the care of the petitioner Agency, legally free for adoption and permitting the petitioner Agency to post the said certificate in Child Adoption Resource Information and Guidance System (CARINGS). The copy of the said Certificate was also given to the District Child Protection Officer, Muzaffarpur. The petitioner-Agency thereafter prepared the Child Study Report (CSR) and Medical Examination Report (MER) of the child Shalu Kumari for facilitating her adoption and posted the same on the Centralized Adoption Portal of the Central Adoption Resource Authority (CARA) constituted under Section 68 of the J.J. Act, 2015.

7. The proposal of the prospective adoptive parents namely Mr. Kuljinder Singh Khaila and Harkirn Kaur Khaila citizens of United Kindom (as apparent from the No Objection Certificate by CARA at Annexure-B/4) who have got themselves registered in accordance with law/Rules expressing their intention to adopt a child was considered by the Central Adoption Resource Authority (CARA) which issued the No Objection Certificate to the placement of the child Shalu Kumari with the said prospective adoptive parents subject to completion of the legal procedure as envisaged under Section 59 of the J.J. Act, 2015.

8. A