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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA
Palash Sarkar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The petitioners are Prospective Adoptive Parents (PAPs) within the meaning of Section 2(49) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, “the JJ Act”). They registered on the designated portal “Child Adoption Resource Information & Guidance System (CARINGS)” on September 20, 2019. At that juncture their composite age was less than 110 years.
2. A Home Study Report (HSR) was uploaded on October 20, 2019 and remained valid for three years.
3. The petitioners received two siblings as their first referral from the category of “hard-to-place” children. The elder sibling was twelve years and the younger was ten years on that date. The children were under the foster care of the petitioners from October 4, 2022 to the month of September, 2022. The elder of the two was not willing to live with her younger sibling, for which the petitioners registered a disruption case and returned the children, although the younger child all along wanted to live with the petitioners, which intention is reciprocated by the petitioners as well.
4. On September 23, 2022, the Adoption Regulations of 2022 came into force upon notification b
The court ruled that adoption should be allowed despite the parents' ineligibility under Regulation 5(8) due to the child's best interest and established emotional ties.
The retrospective application of adoption regulations must consider individual circumstances, especially for parents of children with disabilities seeking to adopt a normal child.
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.
The issuance of a birth certificate for an adopted child under Hindu law cannot be denied based on juvenile justice regulations if the adoption complies with applicable personal law, emphasizing the ....
Post-2022 HAMA relative adoption by parents with foreign citizenship treated as expatriate: District Magistrate verifies under Reg 69, Authority issues NOC under Reg 70 without receiving country prio....
(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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