The High Court of Bombay recently allowed a plea by a city-based couple for adopting seven-month-old girl child despite already having a fourteen-year-old biological daughter, while observing that such an approach to adoption needs to be cultivated in a patriarchal society.
It desires to be additionally appreciated that despite the fact they have a biological girl child, they decided to adopt another girl child. This is the approach which needs to be cultivated in a society which is mostly said to be dominated by patriarchy.
Justice GS Kulkarni of Bombay HC was hearing an adoption petition filed by the couple seeking to adopt the girl child, who was left by her biological mother, after her birth at an orphanage at Chembur wherein the plea was filed under sections 56 and 58 of the Juvenile Justice (Care & Protection of Children) Act, 2015.
The Court recorded that in August,2019, the minor child was surrendered by her biological mother before the Child Welfare Committee in Mumbai. The girl was admitted to petitioner institution on the same day. The adoptive parents, on the other hand, were married for past 18 years and had a biological daughter aged 14 years.
After interacting with the adoptive parents in chamber and perusing their motivation letter annexed with the plea, the Court observed that couple was quite determined right from the beginning to have another child in adoption.
In this regard, it was noted that the couple had visited several adoption homes and has studied their future plans to take another child in adoption. They were also motivated by a book titled as ‘Bal Anand (Umang),’ which was received from Bal Anand Ashram.
In view of this, a Single Judge Bench held,
“The positive approach of the adoptive parents is also required to be commended, they have been celebrating birthday of their biological daughter and other family celebrations in different adoption homes, which clearly indicate their thinking on such children, culminating into a desire to have a child in adoption.”
The court also referred to several reports including Home Study Report and income certificates, while examining the couple’s social and financial capabilities to look after the child.
Justice Kulkarni observed finally that,
“Considering the combined income and more particularly the fact that they have a settled family business, in my opinion, financially they are in a sound condition to take care of the adoptive daughter.”
The Home Study report had noted that adoptive parents are happily married since 2001 and share a bond of love, care, understanding and friendship. They are financially stable and own a house in Mumbai, it was found. Moreover, they have a joint family which is also open to the adoption. In this regard, the Court also perused medical reports of the adoptive parents and the child security undertaking given by their relatives.
Additionally, a report by Scrutiny Officer, Indian Council of Social Welfare Central Office was examined by the Court, which noted that it does not indicate an adverse findings and that the report recommended the adoption of the minor child.
After perusing material on record, Justice Kulkarni orated that it would be in the paramount interest of the minor that she be granted in adoption to the adoptive parents.
After recording all the noting’s and proceedings, the Court allowed adoption petition and declared that the couple will have all parental legal rights, privileges and responsibilities over the said minor child.
Therefore, as a crux of the matter the Bombay High Court held that the approach to adopt girl child needs to be cultivated in patriarchal society very emphatically and scrutinized minutely