SARBJANIK VIKAS VAHINI Vs. BARUFFALDI ENRICO BARUFFALDI DANILO

JUDGEMENT

(1.) By the order impugned in this Appeal under Section 19 of the Family Courts Act, 1984, the Family Court has rejected the appellant's application under Section 59 (7) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act') thereby refusing to allow inter country adoption of the surrendered child (Ex.-P/30A) namely Princy, aged about 1 year and 7 months, her date of birth being 25.7.2017.

(2.) The subject child has been declared to be available for adoption by the Child Welfare Committee, Jashpur. The child has been provided registration No.CG 201521-021 under the Adoption Regulations, 2017 (for short 'the Regulations') framed in exercise of powers under Section 68 (C) read with Section 2 (3) of the Act. The adoptive parents namely, Shri Baruffaldi Enrico and Smt. Incarbone Daniela Giovanna of Torino, Italy have been found to be fit and suitable for adoption of the subject child in the Home Study Report prepared by the CENTRO INTERNAZIONALE PER L'INFANZIA E LA FAMIGLIA (CIFA), an NGO. The Home Study Report is part of record of the Family Court. The entire documents in Italian language have been translated to English under the certificate of translation issued by the Law Court of Turin, which is also part of the record. The Central Adoption Resource Authority (henceforth 'CARA') under the Ministry of Woman and Child Development, Government of India, has maintained file No.2-5/2015- CARA authorizing Italian NGO CIFA to process inter country adoption case originating from Italy, which is available on record as Ex.-P/24-C.

(3.) The CARA has issued no objection to the adoption of the subject child by his Prospective Adoptive Parents (henceforth 'PAPs'). The said NOC has been issued as per the Regulations and Article 17 (C) of the Hague Convention on the protection of children and cooperation in respect of Inter Country Adoption, 1993. The appellant - Sarbjanik Vikas Vahini, Jashpur and CIFA of Italy have been authorized to process adoption case by moving of application before the competent Court as per Section 56 (4) of the Act. After the psychological assessment report of the PAPs is received, PAPs were recommended as suitable for adopting the child. Document to this effect is available on record as Ex.-P/27-C. The record also contains the Child Study Report (Ex.-P/30A) along with medical examination report (Ex.-P/31-AC). The additional Psychological Report is available on record as Ex.-P/35AC. The Home Study Report is accompanied with all the essential documents relating to financial condition, health, reputation and capacity to adopt the child. It also contains Adoption and Foster Care Certificate issued by the Ministry of Justice, Italy vide Ex.-P/19AC. The record also contains certificate of Criminal Court declaring PAPs as "CLEAR".