2026:BHC-OS:1749 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Digitaly signed JYOTI b P y R A JY K O A T S I H PRAKASHPAWAR PAWAR D 20 a 2 te 6 : .01.22

12:12:06 +0530 JUDGES ORDER NO. 2 OF 2026 IN FOREIGN ADOPTION PETITION NO. 1 OF 2026 Vatsalya Trust … Petitioner And

1.Mr. Marco Grech

2.Mrs. Ritienne Grech … Prospective Adoptive Parents ______________________________________

Ms. Sangeeta Nagpal for Petitioner.

Mr. O. Hareendran, Scrutiny Officer-ICSW present.

Mr. Dilip S. Gurav, Chamber Registrar present.

_______________________________________

CORAM : FARHAN P. DUBASH, J.

DATE : 14^th JANUARY 2026 ORDER:

1. By this Foreign Adoption Petition, the Petitioner and the Prospective Adoptive Parents have sought the adoption of the female minor, Nirzara, born on 28^th February 2024. Nirzara was surrendered by her biological mother before the Child Welfare Committee (CWC), Mumbai Suburban-I on 2^nd April 2024 and her safe custody was given to the Petitioner Institution, Vatsalya Trust, Mumbai, on the same day, as per the order of the CWC dated 2^nd April

2024 under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) The Admission Order of the CWC is on record.

2. The Child Welfare Committee, Mankhurd, Mumbai, declared Nirzara legally free for adoption by an order dated 13^th June 2024 after following the necessary procedure. The required Undertakings and Affidavits have also been tendered and are taken on record. The No Objection Certificate from the Central Adoption Resource Authority (CARA) dated 4^th July 2025 is also on record.

3. The Prospective Adoptive Parents are Maltese Nationals, residing at Mosta, Malta, aged about 51 and 43 years respectively, who have been married for the past 18 years with no biological children. Their marriage certificate has also been annexed.

4. The Prospective Adoptive Father is working as a Senior Workshop Technician (Fitter) with Engineering Resources Ltd., Malta, and his total income for the year 2024 is Euro 29,946. The Prospective Adoptive mother has been working as an Executive Officer with INDIS Malta Ltd. since 2019, and her total income for the year 2024 is Euro 26,343. On record are their proof of residence and Payee Statement of Earnings.

5. The Medical Report dated 4^th November 2023 of the Prospective Adoptive Parents is on record, and their HIV reports show a negative result.

6. The Home Study Report of the authorities of Agenzija Tama, San Gwann, Malta, the Authorised Foreign Adoptive Agency (AFFA) has found the PAP’s suitable to adopt a child between the ages of zero and 4 years old. The Home Study Report records that the Prospective Adoptive Parents are suitable enough from a psychological point of view to be entrusted with the adoption and upbringing of children. There is also on record the permission of the receiving country, Malta, as per Articles 5 and 17 of the Hague Convention (1993). In addition, the Child Security Undertaking by the cousins of the prospective adoptive mother residing at Solaris, Malta, to look after the said female minor in case of any mishap to the Prospective Adoptive Parents is also on record.

7. The other documents are in order, including the letter of acceptance, the declaration and willingness and undertakings. A copy of the General Power of Attorney in favour of the Petitioner is also on record.

8. The Medical Examination Report of the said female minor, dated 21^st January 2025, is on record, and it states the health status of the child as Special Need. Her MRI of the brain, done on 15^th October 2024, showed a small area of cystic encephalomalacia/gliosis changes in the left frontal region with mild distortion of the adjacent gyri and prominence of the cortical sulci, showing gyral hemosiderin staining imaging findings are suggestive of a previous ischemic insult. It is important to note that the Prospective Adoptive Parents have countersigned this Report. Moreover, the Medical Examination Report dated 2