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2022 Supreme(Mad) 3100

IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J.
Varshini Illam Trust - Appellant
Versus
Nil - Respondent
O.P. No. 118 of 2022
Decided On : 29-07-2022

Headnote:

Adoption - Juvenile Justice Act, 2015 - Section 56(4), Regulations 12(2) and 17(1) - Regulation 36, Regulation 38 - The court allowed the petition for adoption of a minor female child, Natasha, by the petitioners 2 and 3, and directed the issuance of a birth certificate and passport for the child. The court emphasized the paramount interest of the child and the constitutional right to life, highlighting the duty of the court to ensure the proper adoption procedure and the safety of the child. The court also emphasized the welfare of the child and the responsibilities of adoptive parents, and directed monitoring of the child's progress till adulthood.

Fact of the Case:

The petitioners sought adoption of a minor female child, Natasha, who was declared legally free for adoption. The petitioners, overseas citizens of India, were matched for the adoption through the Child Adoption Resource Information and Guidance System. The court considered the evidence and concluded that the petition should be allowed in the paramount interest of the child.

Finding of the Court:

The court found that the adoption petition should be allowed, emphasizing the constitutional right to life and the duty of the court to ensure the proper adoption procedure and the safety of the child. The court also highlighted the welfare of the child and the responsibilities of adoptive parents.

Issues: The issues involved the adoption of a minor female child, the suitability of the adoptive parents, and the fulfillment of legal requirements for adoption.

Ratio Decidendi: The court emphasized the paramount interest of the child, the constitutional right to life, and the duty of the court to ensure the proper adoption procedure and the safety of the child. The court also highlighted the welfare of the child and the responsibilities of adoptive parents.

Final Decision: The court allowed the adoption petition, appointed the petitioners 2 and 3 as natural guardians/parents of the minor child Natasha, and directed the issuance of a birth certificate and passport for the child. The court also directed monitoring of the child's progress till adulthood.

JUDGMENT

1. This Petition is filed under Section 56(4) of the Juvenile Justice (Care and Protection of Children) Act,2015 r/w Regulations 12(2) and 17(1) of the Adoption Regulations, for giving the minor female child, namely, Natasha, who was born on 15.10.2009 in adoption to the Petitioners 2 and 3 herein and for a declaration that they are the parents of the minor child and also for a direction to the Birth Certificate Issuing Authority to issue a birth certificate for the child within 5 working days from the date of receipt of the application under the provisions of Sub-regulation (5) of Regulation 18 and Regulation 36 of CARA Regulations and also for a direction to the Regional Passport Office concerned to issue Passport to the said child within 10 days from the date of receipt of application, as per Sub Regulation (4) of Regulation 18 and Regulation 38 of CARA Regulations.

2. The facts as culled out from the petition filed by the petitioners, are briefly stated hereunder:

(a) The first petitioner, namely, Varshini Illam Trust, is a recognized Specialized Adoption Agency under Section 65 of the Juvenile Justice (Care and Protection of Children), 2015 (2 of 2016) by the State Government of Tamil Nadu, for rehabilitating orphans, abandoned and surrendered children through adoption in accordance with the provisions of the Juvenile Justice Act and Adoption Regulations. The in-country license granted to the petitioner institution by the Government of Tamil Nadu has been renewed on 23.12.2016. The said recognition is valid for five years from the date of issue. Recently, the 1st petitioner has been granted interim recommendation from Commissioner of Social Defence for renewal from 23.12.2021 to 22.12.2026. The 1st petitioner is having the care and custody of the minor female child Natarasha.

(b) The minor female child Natasha was born on 19.01.2020 and she was declared legally free for adoption by the Child Welfare Committee, Chennai, vide order dated 08.04.2021 and the said child is registered in the Child Adoption Resource Information and Guidance System for the purpose of adoption. The petitioners 2 and 3 were matched for the above minor child through CARA OnLine system.

(c) The second petitioner and the third petitioner are Overseas Citizen of India, holding OCI Card, residing at No.8, Corbin Drive, Exton, PA 19341, USA. They got married on 02.05.2012. The second and third petitioners are blessed with a biological male child, namely, Avi Sundararajan and they wanted to adopt a female child. They believe that they have much to offer a child, including their home, love and ability to financially care for a child.

(d) The second petitioner is working as Lawyer and his annual gross income is $ 228,474 and the third petitioner is working as a Clinical Program Manager and CEO of Ameriba and her annual gross income is $ 130,000. The financial position of the couple is good.

(e) Petitioners 2 and 3 stated that they accepted to adopt Minor child Natasha and also submitted all the particulars, called for from them, along with the home study report conducted on 01.12.2021. The minor child was shown to the couple and they also decided to adopt the child. The child is one who requires special care as she was born premature and underweight.

(f) The petitioners have signed the Child Study Report and Medical Examination Report pertaining to the minor child and all the relevant documents pertaining to the petitioners 2 and 3, viz., income certificate, marriage certificate are filed along with the petition.

(g) The prospective adoptive parents have undertaken to submit post-adoption follow up to ascertain the progress and well-being of the child in the adoptive family, as envisaged under Section 59(11) of the Juvenile Justice Act. The petitioners 2 and 3 have also undertaken to up-bring the above named minor child Natasha as their own child and to accord the same status/rights/privileges to the child above named at par with

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