Court’s Decision: The Bombay High Court allowed the foreign adoption petition filed by the petitioner, Bal Asha Trust, on behalf of the proposed adoptive parents, Spanish nationals Mr. Luis Fernando Lage Puebla and Mrs. Maria Del Carmen Garcia. The court granted permission for the adoption of a male minor, Priyanshu Rajkumar, and allowed the couple to rename him Priyanshu Lage Garcia. The adoption was approved under Section 59(7) of the Juvenile Justice (Care and Protection of Children) Act, 2015, and in compliance with the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption, 1993.
Facts: The male minor, born on July 1, 2015, was found abandoned by CSMT Railway Police Station, Mumbai, and subsequently admitted to C.C.D.T. Ashray, Mumbai, on December 13, 2019. He remained there until January 5, 2023, after which he was transferred to Bal Asha Trust by an order from the Child Welfare Committee (CWC), Mumbai City-I. On July 31, 2023, the CWC declared the minor legally free for adoption. Following the issuance of a No Objection Certificate by the Central Adoption Resource Authority (CARA) on August 13, 2024, the petition for adoption was filed.
The proposed adoptive parents, residents of Madrid, Spain, have been married since June 1, 2012, and have no biological children. They were found medically fit for adoption through medical reports dated June 6, 2024, confirming that they are free of chronic or communicable diseases. The adoptive father is employed as an IT specialist, and the adoptive mother works as a credit risk expert, with substantial annual incomes reported.
Issues: The primary issue was whether the adoption of the male minor by foreign nationals complies with Indian law and international adoption standards under the Hague Convention and the Juvenile Justice Act.
Petitioner’s Arguments: The petitioner, Bal Asha Trust, argued that all legal requirements for the adoption had been met, including the minor being declared legally free for adoption by the CWC and the issuance of a No Objection Certificate by CARA. The petitioner emphasized that the adoptive parents were deemed suitable for adoption, as evidenced by the Home Study Report and Psychological Evaluation Report from authorized agencies in Spain.
Respondent’s Arguments: The respondents did not present any objection to the adoption. The scrutiny officer from the Indian Council of Social Welfare submitted a report in support of the petition.
Analysis of the Law: The court examined the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, particularly Section 59(7), which permits intercountry adoptions in accordance with the guidelines laid down by the Central Government. The court also considered the regulations of the Hague Convention, to which India and Spain are signatories, ensuring the protection and cooperation in intercountry adoptions.
Precedent Analysis: The court referred to the case of Nisha Pradeep Pandya vs. Union of India, in which an interim order was passed regarding the continued adjudication of pending adoption matters before the court, despite the 2021 amendment to the Juvenile Justice Act. This precedent reinforced the court’s authority to adjudicate adoption matters under the earlier provisions of the law.
Court’s Reasoning: The court concluded that the adoption was in the best interest of the minor, noting that all legal and procedural requirements had been satisfactorily met. The Home Study Report and Psychological Evaluation established that the proposed adoptive parents were financially and emotionally capable of providing a stable home for the minor. Additionally, the court found that the change of name and relocation of the minor to Spain were consistent with the adoption regulations and would not adversely affect the child’s welfare.
Conclusion: The court allowed the adoption petition and directed the petitioner institution to obtain an undertaking from the adoptive parents, ensuring that they would not give the minor for further adoption without the court’s permission. The petition was disposed of without any costs.
Implications: This judgment reinforces the legal framework for intercountry adoptions under the Hague Convention and the Juvenile Justice Act, 2015. It highlights the court’s role in ensuring the welfare of the child while facilitating international adoptions in compliance with Indian and international laws. The decision also emphasizes the importance of thorough scrutiny by adoption agencies to ensure the suitability of adoptive parents.
