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2025 Supreme(Online)(Bom) 249071

BOMBAY HIGH COURT
R. I. Chagla, J.
Vatsalya Trust v. Chandra Shekhar and Mrs. Tejaswita Kumari
Indian Adoption P. No. 39 of 2025



1. By this Indian Adoption Petition the Petitioner and the Prospective Adoptive Parents have sought adoption of the female minor Shreeka ("the said female minor") born on 03/06/2024. The biological mother surrendered the said female minor before the Child Welfare Committee (CWC), Mumbai Suburban District on 06/06/2024 and child's custody was given to the Petitioner Institution Vatsalya Trust, Mumbai on the same day as per the order of the said Child Welfare Committee (CWC) dated 06/06/2024 under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 ("the said Act"). The CWC Admission order is on record at page No.98 to the Petition.

2. After making due inquiry under S.38 of the said Act, the CWC, Mankhurd, Dist. Mumbai declared the said female minor ("Legally Free for Adoption") on 22/08/2024. The Free for Adoption Certificate is on record at Page Nos.96-97 to the Petition.

3. The Prospective Adoptive Parents are Indian nationals residing at Bengaluru, Karnataka, aged about 44 and 33 years respectively. They have been married for the past 12 years (25/12/2012) with no biological children.

4. The Motivation Letter from the Prospective Adoptive Parents is on record at page No.75 to the Petition.

5. Affidavit by the Chief Functionary of the Specialized Adoption Agency (Petitioner) in support of the adoption of the said female minor is on record at page Nos.120-124 to the Petition.

6. The Minutes of Adoption Committee meeting held on 20/12/2024 is on record at page Nos.30-34 to the Petition. It states that they are not suffering from any medical or psychiatric illnesses. Their HIV and HbsAg test reports certify the case as Non - Reactive.

7. The Prospective Adoptive father is working as a Technical Architect with Tech Mahindra Limited, Bengaluru since 29/02/2016 and his monthly (January - 2025) gross salary is Rs.2,09,487/-. His Employment Certificate, Pay slip of January 2025 and Income Tax returns are on record at page Nos.37-41 to the Petition. The Prospective Adoptive mother is a Homemaker.

8. The copies of PAN card, Proof of Residence (Passport copy of Prospective Adoptive Father) and supportive financial documents are on record at page Nos.24, 26, 28-29 and 42-43 to the Petition.

9. The Home study report Part I : Self Assessment by the Prospective Adoptive Parents is on record at page Nos.44-52 and 57-69 to the Petition.

10. The Home Study Part II : Assessment Reports dated 05/04/2021 and 05/02/2024 of the Specialized Adoption Agency "Shishu Mandir Children's Home" Bengaluru, Karnataka have found the Prospective Adoptive Parents suitable for adopting a child. The said Home Study Reports are on record at page Nos.53-56 and 70-73 to the Petition.

11. The child security undertaking dated 21/06/2024 given by the Prospective Adoptive father's sister and brother - in - law residing at Bengaluru, Karnataka to look after the said female minor in case of any mishap to the Prospective Adoptive Parents is on record at page Nos.76-81 to the Petition.

12. The Joint Declaration of consent and Willingness to adopt by the Adoptive Parents is on record and it states that they are willing to be appointed and declared as the Adoptive Parents of the said female minor. The said Declaration is on record at page Nos.106-111 to the Petition.

13. The Medical Examination Report of the said female minor dated 22/11/2024 states, "Health status of the child is Normal and the overall observation of the child states that her overall development is within normal limits. The Prospective Adoptive Parents have countersigned the Medical Examination Report which is on record at page Nos.85-91 to the Petition.

14. The HIV test report of the said female minor dated 05/11/2024 certifies the case as Negative. This report is on record at page No.92 to the Petition. The Post Card Size Photograph of the said female minor is on record at page No.112 to the Petition.

15. As regards the change of name, the Prospective Adoptive Parents desire tha
























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