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BEFORE THE JUDGE,FAMILY COURT-CUM VI ADDITIONAL
DISTRICT JUDGE, NELLORE, S.P.S.R.NELLORE DISTRICT.
Thursday, this the 27th day of August, 2020
Present: -Ms. N. Satya Sri
Judge, Family Court-Cum-VI Additional District Judge, Nellore,
S.P.S.R. Nellore District.
F.C.O.P. No.323 of 2019
1. The Assistant Project Director of District Women and Child Development Agency, Represented by its Authorized Signatory at Revenue Colony, Dargamitta, Nellore, SPSR Nellore District.
...Petitioner No.1
2. Mr. Colautti Federico, Aged about 47 years, Occupation: Clerk, R/o Via Slataper n.17,34077 (new), Via Aldo Moro,1, 34075 (old) San Canzian, Isonzo, Italy(old) Ronchi dei Legionari (GO), Italy, Rep. By A. Seshu Kumari, D/o A. Lakshmana Rao, Special Power of Attorney Holder.
3. Mrs. Marabini Federica, Aged about 48 years, Occupation: Librarian, R/o Via Slataper n.17,34077 (new), Via Aldo Moro,1, 34075 (old) San Canzian, Isonzo, Italy(old) Ronchi dei Legionari (GO), Italy, Rep. By A. Seshu Kumari, D/o A. Lakshmana Rao, Special Power of Attorney Holder.
...Petitioners 2 and 3/Prospective Adoptive Parents
V.
NIL …Respondent
This petition coming before me on 13.08.2020 in the presence of Smt. P. Manjula, Advocate for Petitioners 1 to 3,
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after the petition was reopened for further hearing and upon hearing Advocate for Petitioners 1 to 3 and the matter having stood over till this day for consideration, this Court made the following:
O R D E R
This petition is filed by petitioners 1 to 3 under
Section 59 (7) of The Juvenile Justice (Care and Protection of
Children) Act 2015 r/w Rule 44 of Juvenile Justice Rules, 2007 r/w Juvenile Justice (Care and Protection of Children) Act, 2015, Adoption Regulations, 2017 with a prayer to permit
Petitioner No.1 to give minor Baby Indhu whose date of birth is 10.04.2009 in adoption to Petitioners No.2 and 3.
2.It is averred in the petition by petitioners that petitioners 2 and 3 are citizens of Italy. The 2nd petitioner is working as Clerk and 3rd petitioner is a Librarian, they were legally married on 23.04.2016, their marriage was solemnized as per Christian rites and customs, they are native of Italy and presently resident of Via Aldo Moro, 1, 34075, San Canzian, Isonzo, Italy.
3.Petitioner No.1 submitted that Government of
Andhra Pradesh recognized Sishu Gruha, Project Director,
Women and Child Development Agency i.e., 1st petitioner as
Adoption Placement Agency to give orphan children for Inter-
Country adoption and Guardianship vide NOC(No Objection
Certificate/Corrigendum issued by The Central Adoption
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Resource Authority(CARA) an Autonomous Body of The
Ministry of Women and Child Development,Government of
India), 1st petitioner is empowered to give abandoned children for Adoption who are in their care & custody, in accordance with the guidelines issued by The Central
Adoption Resource Agency under Guidelines for Adoption from India-2015 and also further Guidelines issued from time to time. The said Guidelines were framed by Ministry of Social
Justice & Empowerment, Government of India as per the
Judgment of the Hon'ble Supreme Court of India in Laxmi
Kant Pandey Vs. Union of India in WP (Crl) No.1171 of 1982 as such 1st petitioner is de-facto guardian of children who are in their care and custody of Child Care Institution by name Childashram Children Home for Girls, Gollapalem, Allur
Mandal, S.P.S.R. Nellore District.
4.It is further averred by 1st petitioner in the petition that Child Baby Indhu was born on 10.04.2009, she was taken care and custody by Childashram Children Home for
Girls, Gollapalem, Allur Mandal, SPSR Nellore District on 12.06.2018, said child Indhu was abandoned by Biological parents and 1st petitioner got issued paper publication in the local news paper to verify about claims if any regarding Baby
Indhu, no person came forward to claim Baby Indhu and no objections were raised within 30 days from the date of
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publication, then children were produced before Child welfare committee and after compliance of due procedure as prescribed under law Child Welfare Committee which is formed to declare that the child is legally free for adoption has declared Baby Indhu as fit for adoption vide release orders in File No. CWC/NLR/362/01/2018, dated 30.01.2018.
5.It is further averred in the petition that profile of minor Baby Indhu is placed Online in Central Adoption
Resource Agency (CARA) Web Portal, the prospective adoptive parents who are residents of Via Aldo Moro, 1, 34075, San Canzian, Isonzo, Italy selectedBaby Indhu for adoption as they decided to adopt a female child to give love and affection.
6.Petitioner No.2 is working as Clerk at Friuli Venezia
Giulia Autonomous Region, Italy and earning 24,000 Euros
Per Anum. 3rd petitioner is working as a Librarian at
Municipality of Grado, Italy and earning 24,000 Euros Per
Anum. According to their notarised copy of psychological evalutaion report letters dated 02-03-2018 issued by The
Ministry of Justice, Court Records Database System General
Police Records in their names is “Criminal Police Records NIL” and reference letters recommend for adoption of Baby Indhu are issued by Elisa Monardo, Barbara Balbinot, Stefano
Zimanyi and Ronchi dei Legionari.
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7. Petitioners 2 and 3 approached child placing agency International Adoption, S.Caterina 208/c,33030 Villa
Primavera, Campoformido(UD), Italy, which is Authorized
Foreign Adoption Agency by expressing their intention to adopt a female child and also informed specifications. The
International Adoption agency which is Authorized Foreign
Adoption Agency addressed to CARA and CARA in-turn forwarded their application to 1stpetitioner seeking availability of children as per requirement of 2nd and 3rd petitioners. 1st petitioner informed availability of minor child
Baby Indhu, after perusing Child Study Report, Medical
Examination Reports and proceedings of Child Welfare
Committee/CWC and other documents 2nd and 3rd petitioners expressed their willingness, approval and financial declaration to adopt minor Baby Indhu. International
Adoption Agency, Italy conducted Home Study of petitioners 2 and 3 and issued Home Study Report (HSR), on request of 2nd and 3rd petitioners issued Updated Home Study Report according to which it does not contain anything which disqualifies them from adopting a child. Between the agreement of The Central Adoption Resource Agency, New
Delhi and International Adoption Agency as Authorized
Foreign Adoption Agency (AFAA), The International Adoption
Agency, Italy completed the Home Study and gave Report.
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8.It is further averred that 2nd and 3rd petitioners agreed to take care and look after the welfare of the child which is the paramount consideration after going through the
Child Study Report vide declaration of willingness. The requests of petitioners 2 and 3 are genuine and proper and
Petitioner No.2 has both financial resources and social awareness to take the proper care of the minor baby Indhu and proposed adoption is in the interest and paramount welfare of minor child.
9.Petitioner No.1 submitted that in the interest of minor child Baby Indhu be given in adoption to 2nd and 3rd petitioners , further be adopted according to the laws of their country. The minor child Baby Indhu does not have any movable and immovable properties standing in her name, 2nd and 3rd petitioners agreed to follow necessary procedures prescribed by law applicable in India and to abide by any direction of this court.
10.After acceptance by 2nd and 3rd petitioners to adopt minor child baby Indhu, the child placing agency,
International Adoption, Italy which is authorized Foreign
Adoption Agency undertook to send progress and post placement adoption reports to suggest for a suitable alternative placement in case of disruption of the family and also informed the basic requirements for the family and as
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such No objection Certificate was issued by CARA dated 16.07.2019.
11. The 1st petitioner is necessary party to proceedings as per order of The Supreme Court of India reported in AIR 1984 SC 469 between Union of India V. L.K.Pandey, based on the directions in this Judgment guidelines were framed by CARA, Ministry of Social Justice and Empowerment of Government of India.Hence this petition. In the petition affidavit 1st petitioner reiterated the very same facts.
12.After filing of this petition by 1st petitioner, this court posted the case for appearance to 03-01-2020.
13.The Assistant Project Director, DW & CDA, Nellore, at the Office situated at Revenue Colony, Dargamitta,
Nellore, examined herself as P.W.1 and got marked Exhibits
P1 to P42, 2ndpetitioner/prospective adoptive father examined himself as P.W.2.
14.Heard Counsel for petitioners 1 to 3. Perused the record.
15.Now the point that arises for consideration is:
1. “Whether 1 st petitioner can be permitted to give Child Baby Indhu whose date of birth is 10.04.2009 in adoption to Petitioners 2 and 3 and whether adoption is beneficial and in the best interest of minor child?
2. “To what relief?”
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POINT No.1:-
16. As per Ex.P23 attested copy of marriage certificate dated 23-04-2016 petitioners no 2 and 3/prospective adoptive parents are legally wedded couple, as per Ex.P10 Home Study Report(HSR) along with their recent family photograph prospective adoptive parents (PAP’s) appear to be very healthy. As per Ex.P6 prospective adoptive parents issued Special Power of Attorney to PW1 to look out the legal formalities.
17.As per Exhibits P30 and P31, their residence certificate, 2nd and 3rd petitioners/prospective adoptive parents their identity is proved. Their identity is also proved by their respective date of birth certificate as in Ex.P24 and
P25. As per Ex.P39 their personal identity is proved which is attested by Municipality of San Canzian D’isonzo and also by
Ex.P17 and P18 their respective copy of passport issued by
Italian authorities.
18.According to Exhibit P19 to 22 attested copies of employment certification and income tax returns of petitioners 2 and 3/prospective adoptive parents are educated, have their sufficient income and they can provide good education and child can grow and thrive to become good individual. As per Ex.P39 to Ex.P41 copy of their personal identity, their residence and residence certificate
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and their Employment Declaration also establish their identity, their job and their respective work place.
19.According to Ex.P19 to 22 employment certification and their income tax returns respectively prospective adoptive parents/petitioners 2 and 3 also have sufficient financial resources to look after the welfare of child.
20. According to Ex.P28 prospective adoptive parents/petitioners 2 and 3 gave sworn letter of acceptance expressing their willingness to adopt minor Baby Indhu as in the condition specified in Child Study Report and minor child
Baby Indhu Medical Report. As per Ex.P29 psychological evaluation report of prospective adoptive parents/petitioners 2 and 3 have deep parenting desire, as biologically it was difficult due to age of 3rd petitioner they overcame their suffering and mourning and got oriented towards adoption to fulfill their desire of parenting, they have awareness and openness about the complexity of the needs and behaviors that an adoptive child could manifest, they have good level of tolerance to stress and frustration with attitude of perseverance and lucidity and centered on the strategies of problem solving, they also are temperamentally complementary, have adequate level of emotional stability and their decisions are based on dialogue as well fully aware that need to perform as adoptive parent, willing to give education and raise the child as a central and priority of their
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life, ensuring their constant presence, affection and dedication and child’s needs will be the aspect around them to be built and determine and attend all other commitments.
21.AsperEx.P7prospectiveadoptive parents/petitioners 2 and 3 gave undertaking to submit adoptive child’s progress report is also evident of their marital relationship, as per Ex.P10 Home Study Report of petitioners 2 and 3 own a flat, next to their house parents of 2nd petitioner reside, parents of 2nd petitioner are also supportive to this adoption and they have love towards minor, accept her and offer emotive security to the child, they are caring, they are generous, tolerant, they both have good physical and emotional health, they are with values and they have social economic, living, psychological and emotive resources to welcome and raise the child and their motivation towards adoption is based on presuppositions bonded by an authentic parenthood desire, their parenthood competences appear to be good and hence there is every likelihood to look after the welfare of child.
22.As per Ex. P9 Child Study Report along with minor child Baby Indhu photograph along with her medical examination report which are verified and accepted by prospective adoptive parents minor child is moderately built and healthy child and her general condition is good. The prospective adoptive parents as per Ex.P15 and P16
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respectively are good, have strong physical and mental health and psychial-physical health respectively and thus medically do not suffer from any chronic, contagious or fatal disease and they are fit to adopt minor child by name minor
Baby Indhu date of birth 10-04-2009. 2ndand 3rd petitioners/prospective adoptive parents do not medically suffer from any chronic, contagious or fatal diseases and thus it can be arrived at conclusion that prospective adoptive parents are free from communicable diseases. It is evident that prospective adoptive parents are having good health and not suffering from any diseases, hence they are suitable to adopt child and can look after the welfare of the child in a better manner.
23.Exhibits P11 to P14 are four reference letters along with their respective details given by known persons of prospective parents i.e. friends of 3rd petitioner and schoolmates of 2nd petitioner, they expressed and extended their full support to the adoption by prospective adoptive parents. Hence it can be arrived that character and conduct of prospective adoptive parents is good and also towards minor child along with their undertaking to support petitioners 2 and 3.
24.As per Ex.P9 /Child study report along with recent photograph of the child, prospective adoptive parents signed
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on it. Thus adoptive child is healthy and suitable to be given in adoption to petitioners 2 and 3 as they have verified health condition of minor child, verified medical report and accepted the same.
25.Under Ex.P10/Home Study Report which is approved by International Adoption, Italy prospective adoptive parents gave their acceptance to adopt minor child and their family members have shown full support and availability to give all practical help and moral support for the course in progress. As per Ex.P10 they have social economic, living, psychological and emotive resources to welcome and raise a child, their parenthood competences appear to be good, hence there is every likelihood that they will look after welfare minor child and provide her with love and affection and education by giving her bright future.
26. According to Ex.P32/Property Certification of prospective adoptive parents/petitioners 2 and 3 along with three photographs they have own residence in their Country.
It is evident from the three photographs that they are comfortably placed with all comforts and can provide the minor child Baby Indhu all comforts in her upbringing and suitable atmosphere. Further as per Ex.P33 and 34/Bank’s
Reference Certifying the financial situation of prospective adoptive parents their respective bank account relationship has been regular and in correct trend and 3rd petitioner
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account has an active balance. As per Ex.P34 Banks
Reference Certifying the financial situation of 3rd petitioner she has correct and regular relationships with her Banker and she has an acitve balance in her account.
27. It is evident from Ex.P35/Adopted Child’s Care
Arrangement's made by 3rd petitioner as she declared that as public employee she has right of availing herself of the maternity leave foreseen by the Italian Law even in the adoption case and to have her actual relatives support for the adopted minors management. As per Ex.P38 Attestation and Declaration of Personal Conditions financial situation for the last four years of prospective adoptive parents which is witnessed by their friends their income per anum is at an average of around 23.000,00 Euro’s, they have 10,000.00
Euros as savings and house valued at 250,000.00 Euro’s and second property valued at 100,000.00 Euro’s.
28. Ex.P8 is Certificate Declaring the Child Legally Free for Adoption vide Order No.CWC/NLR/362/01/2018 dated 30- 01-2018 Child Welfare Committee declared minor child by name Indhu date of birth 10-04-2009 legally free for adoption. As per Ex.P5 attested copy of Central Authority
Attestation Certification by Commission for International
Adoptions, Central Authority under the Convention of The
Hague of 29-05-1993, Rome issued to International Adoption
Association for The Family Agency to conduct mediation in
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international adoption. As per Ex.P2 copy of authorization certificate issued by CARA to International Adoption
Association for the Family and Child’s welfare, Italy as authorized Foreign Adoption Aagency to mediate inter country adoption with India. As per Ex.P1 Corrigendum issued by Central Adoption Resource Authority(CARA), autonomous body of Ministry of Women and Child Development,
Government of India which also contains photograph of minor child Indhu and prospective adoptive parents and minor child date of birth is revised to 10-04-2009 from 10-04-2012 along with No Objection Certificate to give minor child in adoption to prospective adoptive parents along with their photograph issued by CARA.
29.As per Ex.P3 copy of suitability decree/report dated 17-03-2017 about prospective adoptive parents for them to adopt one minor of foreign nationality.
30.Under Ex.P4 copy of Undertaking by Adoption
Agency, International Adoption Agency issued to 1st petitioner declaring that prospective adoptive parents are suitable candidates and matching to proposed adoptive child/Indhu.
31. Thus it is clear from Ex.P10 to P14 that prospective adoptive parents have support from their other family members to adopt the child, they are healthy, they have cordial relationship with each other, they are financially stable and have a comfortable life to support the child they
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are going to adopt, eager to adopt, ready for parenting the child, further they are loving and will provide education to minor child. Further according to Ex.P26 and P27 their police records issued by Ministry of Justice, Court Records Database
System, General Police Records, Gorizia, Italy their criminal record is ‘Nil” and as per art.60 of the civil and penal code and computerized criminal records system ‘nothing is registered’ against prospective adoptive parents.
32.Under Ex.P42 Paper publication dated 21.08.2018 in Eenadu Telugu Daily, Nellore 1st petitioner called for biological parents or relatives of prospective adoptive child but no objections were received and none raised objection
before 1st petitioner.
33.PW1 deposed that petitioners 2 and 3 executed undertaking in their favour. PW2 also deposed they selected
Baby Indhu for adoption and will show their love and affection and look after her welfare as like their daughter.
PW2 and 3rd petitioner have sufficient income of their own, thus they are in good financial position and appear from the record to be well settled.
34.From the documents brought on record and evidence it is established that the prospective adoptive parents have sufficient physical, social and financial status to the satisfaction of this court as such this court is convinced
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that prospective adoptive parents are eligible to adopt minor child and look after her welfare, the proposed adoptive child was also produced before this court, even recently over video conferencing and this court apparently found adoptive child to be in good health, active and this court is also convinced that prospective adoptive parents will take care of well being of minor child.
35. The minor child is not surrendered child but child was abandoned by her biological parents, since minor child is not surrendered child but child found alone and orphan(abandoned) and thus minor child cannot give her consent. Petitioner No.1 is guardian of minor child and after paper publication as no person came forward in respect of minor child and as no objections were received, as per procedure prescribed by law the child is declared legally free for adoption by Child Welfare Committee and 1st petitioner gave consent on behalf of minor child. For prospective adoptive parents under Ex.P36 Commission for Inter-country
Adoption for Government of Italy on request of accredited body International Adoption gave adoption guarantee letter
dated 07-05-2018 to CARA that the child would be
permitted to enter and reside permanently in Italy with adoptive parents after adoption order is passed in India according to relevant law of India, child will have same status as legitimate child, citizenship will be conferred on the child ,
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the child shall also be eligible to receive all benefits of a child born to Italian parents including full time education, social welfare and comprehensive medical benefits as provided by laws in Italy and under Ex.P37 petitioners 2 and 3 gave
Adoption Guarantee Letter dated 09-04-2018 to CARA guaranteeing that they will bring up the adoptive child as their own child and promised to provide best possible education and in accordance with existing laws and rules of their country.
36. There is universal agreement, embedded in
International Human Rights Law that the best interests of the child should be a primary consideration in any decisions made about a child’s future. In the case of adoption, which represents one of the most far-reaching and definitive decisions that could be made about the future of any child, the selection of their parents, international law qualifies the best interests of the child as the paramount consideration which includes nurturing, caring, educating and providing support to the adoptive child as if it is their own biological child up till the child reaches a success in his life. The child adoption is executed with the priority for child’s welfare, therefore the minor child has the rights towards their welfare, nurture, upbringing and guidance based on affection, both within the family or in a special
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upbringing to grow and develop and thus child’s welfare is of paramount consideration. The minor child also has fundamental rights and to be protected from abduction, sale and traffic in children.”
37. Thus in this petition from Ex.P9 prospective adoptive parents appear to have developed emotional bond with minor child after they satisfied themselves about medical fitness of minor child Baby Indhu and adoption is in the best interest and paramount welfare. In due consideration of medical report of child, home study report, child study report and economical standing, medical report of 2nd petitioner- prospective adoptive father and mother, proceedings of Child
Welfare Committee/ExP1 and after due enquiry of prospective adoptive parents and interaction with adoptive child, by considering their submissions and views minor child is placed in home where child can grow. After filing of this petition since none came forward to raise any objection regarding adoption of minor child by petitioners 2 and 3, from evidence of PW1/PW2 and documents on record minor child is found alone/abandoned as an orphan earlier and remained without any claim by natural parents and relatives. Hence minor child being free for adoption by process of law, as identity of prospective parents is well established, their physical, social and financial status is satisfactory and as such this court is
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convinced that prospective adoptive parents are eligible to adopt minor child and to look after her welfare. The prospective adoptive child was also produced before this court, apparently child is found to be healthy and active, after meeting them due consideration has been given by this court to the wishes of the child having regard to her age and understanding of the child this court is convinced that prospective adoptive parents will take care of well being of minor child and thus this court arrives at conclusion that adoption is for the welfare of minor child by name Baby
Indhu date of birth 10-04-2009 is given in adoption to prospective adoptive parents/petitioners 2 and 3. Point answered accordingly.
POINT No.2:
38.In the result petition is allowed without costs by permitting 1st petitioner to give minor child by name Baby
Indhu date of birth 10-04-2009 in adoption to prospective adoptive parents/Petitioners No.2 and 3.
Prospective adoptive parents are declared as parents of minor child by name Baby Indhu date of birth 10- 04-2009 for all purposes under law.
The Specialized Adoption Agency/Petitioner No.1 shall submit application to the Regional Passport Officer
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within three working days from the date of receipt of the adoption order.
The Regional Passport Office of this jurisdiction is directed to issue the passport in the name of Baby Indhu date of birth 10-04-2009 within 10 (ten)days from the date of application in accordance with the circulars regarding issuance of passport to inter-country adopted children, issued by the Ministry of External Affairs of the Central Government from time to time.
Petitioners 2 and 3 shall produce photographs of adopted minor child by name Baby Indhu date of birth 10-04- 2009 once in every six months to 1st petitioner/Specialized
Agency through CARA and also their joint photographs once in every 6 months commencing from the date of arrival of the adopted child in the receiving country for a period of two years to petitioner No.1 through concerned agency i.e. The
Child Placing Agency, International Adoption, Italy which is
Authorized Foreign Adoption Agency.
Birth certificate issuing authority i.e. Local
Registrar notified under The Births and Deaths Act, 1969 shall issue birth certificate of adopted child by name Baby
Indhu date of birth 10.04.2009 on an application made by 1st petitioner in due compliance of Regulation No.36 of Adoption
Regulations, 2017 within 3(three )days.
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The specialized agency shall apply to the birth certificate issuing authority for obtaining the birth certificate of the minor child by name Baby Indhu date of birth 10-04- 2009 within three working days from the date of issuance of adoption order, with the name of adoptive parents as parents and date of birth as recorded in this adoption order and the same shall be issued by the issuing authority within five working days from the date of receipt of application.
The Child Placing Agency, International Adoption, Italy which is Authorized Foreign Adoption Agency is directed to send progress and placement adoption reports to Petitioner
No.1 through CARA and their authorized person/agent shall make periodical visits without disclosing their identity to the minor child that they are officials of the Child Placing Agency,
International Adoption, Italy for due consideration of emotional and psychological needs of adopted child and shall monitor growth and development of child and report to
Petitioner No.1 for a suitable alternative placement in case of disruption of family of Petitioners No.2 and 3.
Petitioners No.2 and 3 shall inform through CARA to
Petitioner No.1 whenever there is change of their address through their concerned agency i.e. Child Placing Agency,
International Adoption, Italy.
The prospective adoptive parents/petitioners 2 and 3 or Petitioner No.1 shall obtain a certified copy of the
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adoption order from this court and furnish a copy of the same to the District Child Protection Unit for online submission to the concerned Authority.
The specialized Adoption Agency/Petitioner No.1 shall obtain a certified copy of adoption Order from this court and shall forward it to the prospective adoptive parents within ten days and it shall also post a copy of the Order and update the relevant entries in the Child Adoption Resource
Information and Guidance System.
The prospective adoptive parents shall receive final custody of the child from the Specialized Adoption
Agency/Petitioner No.1 as soon as the passport and visa are issued to the minor child by name Baby Indhu date of birth 10-04-2009.
The Child Placing Agency, International Adoption,
Italy which is Authorized Foreign Adoption Agency shall inform to Petitioner No.1 through CARA and this court in case of violation of Adoption Order.
The appropriate authority or agency in both countries shall monitor the reimbursement of costs involved in inter-state adoption to prevent profiteering and trafficking in children.
The adopted child shall be entitled to receive
Overseas Citizen of India card, if found eligible.
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The adoptive parent(s) /Petitioners No.2 and 3 shall come to India for taking the adopted child to their country within a period of two months from the date of adoption order.
The minor child Baby Indhu has the same legal status and rights of inheritance, as if she had been born to adoptive parents in marriage.
The Concerned Authority shall issue a Conformity
Certificate under Article 23 of The Hague Adoption
Convention in the format provided in Schedule XI within three working days from the date of availability of the adoption order in the Child Adoption Resource Information and
Guidance System in case the receiving country of the adopted child is a signatory to The Hague Adoption
Convention.
The Authority shall inform the immigration authorities and The Foreign Regional Registration Office or
The Foreign Registration Office concerned, as the case may be, about confirmation of the adoption.
The Authorized Foreign Adoption Agency or the
Central Authority or Indian diplomatic mission or Government
Department concerned, as the case may be, shall report the progress of the adopted child for two years from the date of arrival of the adopted child in the receiving country, on a
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quarterly basis during the first year and on six monthly basis in the second year, by uploading online in the Child Adoption
Resource Information and Guidance System in the format provided in Schedule XII along with photographs of the child.
On the basis of the progress report or in course of post-adoption home visits, if an adjustment problem of an adoptee with the adoptive parents comes to the notice of the
Authorized Foreign Adoption Agency or Central Authority or the Government department concerned in the receiving country, necessary counseling shall be arranged for the adoptive parents and for the adoptee, wherever applicable.
If it is found that the adoptee is unable to adjust in the adoptive family or that the continuance of the child in the adoptive family is not in the interest of the child, the
Authorised Foreign Adoption Agency or Central Authority or the Government department in the receiving country or
Indian diplomatic mission concerned, as the case may be, shall withdraw the child and provide necessary counseling and shall arrange for suitable alternate adoption or foster placement of the child in that country, in consultation with the Indian diplomatic mission and the Authority.
In case of disruption or dissolution of adoption, the child shall be entitled to receive care, protection and rehabilitation through the child protection services of that
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country and as per Hague Adoption Convention for The
Hague Adoption Convention ratified countries.
The Authorised Foreign Adoption Agency or Central
Authority or Government department concerned shall contact
Indian diplomatic mission to render necessary help and facilitate the repatriation of the child, if required.
The Authorised Foreign Adoption Agency or Central
Authority or Government department concerned, may organize annual get-together of Indian adoptees and their adoptive parents and forward a report of the event to the
Authority and the Indian diplomatic missions shall facilitate such get-togethers.
The prospective adoptive parents shall furnish an undertaking to Petitioner No.1 to the effect that they would allow personal visits of the representative of Authorised
Foreign Adoption Agency, The Foreign Central Authority or
Government Department concerned, as the case may be, to ascertain the progress of the child with the adoptive parents or family at least for a period of two years from the date of arrival of the child in the receiving country i.e. Italy.
The Central Adoption Resource Authority shall intimate the immigration authorities of India and the receiving country of the child about the inter-country adoption of Baby Indhu date of birth 10-04-2009.
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The Foreigner Regional Registration office may exempt issue of exit visa to the adopted child traveling out of the country having No Objection Certificate and Conformity Certificate from the
Authority and adoption order.
The Indian diplomatic missions abroad shall liaise with
Central or public authorities concerned to ensure safeguards of children of Indian origin adopted by Non-Resident Indian, Overseas Citizen of
India or foreign parents against neglect, maltreatment, exploitation or abuse and interact with the authorized foreign adoption agencies and
Central Authorities within their jurisdiction and organize or participate in the get-togethers of the adopted children and their parents.
Office is directed to ensure that attested photograph of the minor child minor Baby Indhu date of birth 10-04-2009 affixed to this Order.
Typed by me in my Laptop, corrected and
pronounced by me, this the 27 th day of August, 2020.
Judge, Family Court- cum-
VI Additional District Judge, Nellore.
APPENDIX OF EVIDENCE
Witnesses Examined
For Petitioners 1 to 3:
PW.1: Smt. A. Seshu Kumari
PW.2: Mr. Colautti Federico
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For Respondent:
Nil
Documents marked
For Petitioners 1 to 3:
Ex.P1:Corrigendum issued by the Central Adoption Resource Authority (CARA) an Autonomous Body of the Ministry of Women and Child Development, Government of India dated 16.07.2019 along with NOC (No Objection Certificate) issued by the Central Adoption Resource Authority (CARA) an Autonomous Body of the Ministry of Women and Child Development, Government of India dated 31.03.2019.
Ex.P2:True copy of Authorization Certificate issued by Deputy Director CARA to International Adoption Association for the family and Child's Welfare, S. Caterina 208/c, 33030 Villa Primavera, Campoformido (UD), Italy as Authorized Foreign Adoption Agency (AFAA) to mediate inter country adoption with India along with letter and terms and conditions, attested by Tribunale Di Udine, Court of Udine, Italy issued on 23.07.2015 along with letter addressed by Deputy Director CARA to International Adoption Association for the family and child's Welfare S. Caterina 208/c, 33030 Villa Primavera, Campoformido (UD), Italy.
Ex.P3:Attested copy of Suitability Decree/report about married couple dated 17.03.2017 issued by Juvenile Court of Trieste, Italy for the adoption of one minor of foreign nationality with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P4: Notarized copy of undertaking by Adoption Agency issued by Margherita Cipone, Adoption in charge of International Adoption Agency issued to Sishugruha, Nellore, Nellore District, AP Notarized by Dr. Riccardo Petrosso, Notary in Udine, Italy declaring and guarantee that prospective adoptive parents are suitable candidates and matching to the proposed adoptive child/Indhu.
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Ex.P5:Attested copy of Central Authority Attestation Certificate issued by Silvia Della Monica, Presidency of the Cabinet, Commission for international adoptions, Central Authority under the Convention of The Hague of 29/5/1993, Rome issued to International Adoption Association for the family Agency for doing mediation in this International Adoption, with its attested translated copies translated by Renata Petrozzi – Traduttrice and same was attested by Tribunale Di Udine, Court of Udine, Italy along with copy in the same in Italic.
Ex.P6: Notarized copy of Special Power of Attorney issued by Prospective Adoptive Parent's AP issued to A. Seshu Kumari, D/o Lakshmana Rao to look out the legal formalities and the same is notarized by Dr. Riccardo Petrosso, Notary in Udine, Italy.
Ex.P7: Notarized copy of undertaking of Adoptive parents with respect to adoptive child's progress report and the same is notarized by Dr. Riccardo Petrosso, Notary in Udine, Italy.
Ex.P8: Notarized copy of certificate declaring The Child Legaly Free for adoption dated 27.05.2019 issued by Child Welfare Committee (CWC), Nellore, SPSR Nellore District, AP declaring minor baby Indhu legally free for adoption and the same is notarized by Dr. Riccardo Petrosso, Notary in Udine, Italy.
Ex.P9 :Child Study Report (CSR) along with photograph of minor baby Indhu prepared by K. Masthanaiah, Social Worker, DCPU, SPSR Nellore District along with Medical Examination Report (MER) of minor baby Indhu disgnozed by Assistant Professor, Department of Pediatrics, CSR Govt. Medical College and General Hospital, Nellore and same reports were verified and accepted by Prospective Adoptive Parent's and the same is notarized by Dr. Riccardo Petrosso, Notary in Udine, Italy.
Ex.P10: Home Study Report (HSR) of the Prospective Adoptive Parent's prepared by Mrs.Leila Zannier – Psychologist of International Adoption, Italy and the same is notarized by Dr.Riccardo Petrosso, Notary in Udine, Italy dated 19.07.2018 along with photograph of prospective adoptive parents.
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Ex.P11: Translated attested copy of reference letter issued by Elisa Monardo of Gorizia, Italy friend of Prospective Adoptive Parent's stamped by Municipality of San Canzian Disonzo, Italy along with copy of reference letter in Italic.
Ex.P12: Translated attested copy of reference letter issued by Barbara Balbinot of Ruda, Italy friend of Prospective Adoptive Parent's stamped by Municipality of San Canzian Disonzo, Italy along with copy of reference letter in Italic attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P13: Translated attested copy of reference letter issued by Stefano Zimanyi of San Canzian Disonzo, Italy friend of Prospective Adoptive Parent's stamped by Municipality of San Canzian Disonzo, Italy along with copy of reference letter in Italic attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P14: Translated attested copy of reference letter issued by Giorio Ambrosi of Ronchi dei Legionari, Italy stamped by Municipality of San Canzian Disonzo, Italy friend of Prospective Adoptive Parent's promoting Prospective Adoptive Parent's in adoption of minor baby Indhu along with copy of reference letter in Italic attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P15: Attested Gentleman's Good Health Certificate
dated 06.03.2018 issued to male Prospective
Adoptive Parent's diagnosed by Dr.Giuseppe Corbatto, Medical Surgeon, Monfalcone stamped by Municipality of San Canzian Disonzo, Italy along with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P16:Attested Madam's Good Health Certificate dated 12.03.2018 issued to female Prospective Adoptive Parent's diagnosed by Dr. Daniela Fagotto, Medical Surgeon, Viadel Capitello 4, Ronchi dei Legionari stamped by Municipality of San Canzian Disonzo, Italy and with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P17: Attested copy of Passport bearing NO.YB2091936 of male Prospective Adoptive parent's issued by
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Repubblica Italiana, Italy stamped by Municipality of San Canzian Disonzo, Italy and with its attested translated copy translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P18: Attested copy of Passport bearing NO.YB2091935 of female Prospective Adoptive parent's issued by Repubblica Italiana, Italy stamped by Municipality of San Canzian Disonzo, Italy and with its attested translated copy translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P19:Attested copy of Gentleman's Employment Certification of male Prospective Adoptive parent issued by Repubblica Italiana, Italy stamped by Municipality of San Canzian Disonzo, Italy and with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P20: Attested copy of Madam's Employment Certification of female Prospective Adoptive parent issued by Repubblica Italiana, Italy stamped by Municipality of San Canzian Disonzo, Italy and with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P21: Attested copy of Gentleman's Income Tax Returns of male/Federico PAP stamped by Municipality of San Canzian Disonzo, Italy and with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P22:Attested copy of Madam's Income Tax Returns of female/Federico PAP stamped by Municipality of San Canzian Disonzo, Italy and with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P23:Attested copy of Marriage Certificate dated 23.04.2016 of Prospective Adoptive Parent's issued by Municipality of Turriaco, Province of Gorizia, Italy with its attested translated copies translated by Lisa
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Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P24:Attested copy of Gentleman's Birth Certificate of male/Federico PAP with date of birth 02.10.1972 issued by Municipality of Monfalcone, Italy with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P25:Attested copy of Madam's Birth Certificate of female/Federico PAP with date of birth 04.11.1971 issued by Municipality of San Canzian Disonzo, Italy and with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P26:Attested copy of Gentleman's Police records of male PAP issued by Ministry of Justice, Court Records Database System, General Police Records, Gorizia, Italy along with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P27: Attested copy of Madam's Police records of female PAP issued by Ministry of Justice, Court Records Database System, General Police Records, Gorizia, Italy along with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P28: Notarized copy of letter of acceptance sworn by PAP's willing to adopt minor baby Indhu notarized by Dr. Riccardo Petrosso, Notary of Udine, Italy.
Ex.P29: Notarized copy of Psychological Evaluation Report
dated 31.07.2018 of PAP's issued by Dr. Leila
Zannier,PsychologistandPsychotherapist, Compoformido, Italy and thew same is notarized by Dr. Riccardo Petrosso, Notary of Udine, Italy.
Ex.P30: Attested copy of Gentleman's Residence Certificate of male PAP issued by Municipality of San Canzian Disonzo, Civil Registry Office, Gorizia with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
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Ex.P31:Attested copy of Madam's Residence Certificate of male PAP issued by Municipality of San Canzian Disonzo, Civil Registry Office, Gorizia with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P32: Attested copy of property certification of PAPs issued by Dr. Anna Chionchio, The Administrative Collaborator, Municipality of Gorizia, Italy, with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P33: Attested copy of Bank's Reference Certifying the financial situation of male PAP issued by Banco Posta, Operations, Transversal services, Viale Europa, 19000144, Rome, Italy, with its translation and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P34: Attested copy of Bank's Reference Certifying the financial situation of female PAP issued by Cooperative Credit Bank of Turriaco – SC, Italy, with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P35:Attested copy of Adopted Child's Care arrangements of PAPs issued by Municipality of San Canzian Disonzo, province of Gorizia, Italy, with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P36:Adoption guarantee letter 07.05.2018 (Italy language -7 Mag,2018) signed by PAP's issued by CARA, India by Laura LAERA, Deputy President, The Commission for Intercountry Adoption , Rome, Italy.
Ex.P37: Adoption Guarantee letter dated 09.04.2018 issued by PAPs to CARA.
Ex.P38: Notarised copy of self declaration of personal conditions sworned by PAPs and the same is witnessed by Ms.Bonfiglio Vincenza Julia & Ms. Bulligan Vilma (Friends of PAPs) and notarized by Dr. Riccardo Petrosso, Notary of Udine, Italy.
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Ex.P39: Attested copy of Gentleman's declaration of male/ColauttiFedericoandfemale/Marabini Federica/PAP regarding his personal identity attested by Municipality of San Canzian Disonzo, Civil Registry Office, Gorizia with its translation and with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P40: Attested copy of Gentleman's Employment declaration of male/Colautti Federico and female/ Marabini Federica/PAP regarding his place of work attested by Municipality of Ronchi Dei Legionari, Province of Gorizia with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P41: Attested residence certificate of PAPs issued by the Civil Registry Officer, Municipality of Ronchi Dei Legionari, Province of Gorizia and with its attested translated copies translated by Lisa Coianiz and same was attested by Tribunale Di Udine, Court of Udine, Italy.
Ex.P42: Photostat copy of news paper publication in Eenadu Telugu daily dated 21.08.2018 in Nellore edition calling biological parents of Prospective Adoptive Child.
For Respondent:
NIL
Judge, Family Court- cum-
VI Additional District Judge, Nellore.
Copy to:-
1. Smt P. Manjula, Advocate for petitioners 1 to 3