Case Note & Summary
The case involves a Foreign Adoption Petition filed by Children of the World India Trust, a social worker, seeking permission for the adoption of a 4.5-year-old Indian female child named Rekha by Torlief Rueness and Catrine Lie Rueness, Norwegian nationals. The petition was heard by the Bombay High Court. The Court noted that the requisite procedure prior to obtaining permission had been complied with, including the filing of a representation from the Central Adoption Resource Authority (CARA). The income certificate showed the proposed adopters' annual income as NOK 537,309 and NOK 203,624, and the home study report indicated they were in easy circumstances, with good environment and culture, making them fit and proper persons to be appointed parents. The Court emphasized that the welfare of the child is the prime concern, especially since the child would be sent out of India. However, the Court also observed that in many cases, follow-up reports from adoptive parents are delayed or not sent, which are essential evidence of the child's continued welfare. Relying on the Supreme Court's judgment in Lakshmi Kant Pandey v. Union of India, which allowed courts to require a deposit or bond for repatriation, the Court directed the proposed adopters to execute a bond of Rs. 1,00,000 with one surety to enable the child's repatriation to India if necessary. The Court granted the adoption petition subject to this condition.
Headnote
A) Family Law - Inter-Country Adoption - Welfare of Child - The Court considered a petition for adoption of a 4.5-year-old Indian female child by Norwegian nationals. The Court held that the welfare of the child is the prime concern, especially when the child is to be sent out of the country. The Court found the proposed adopters fit and proper based on income and home study reports. (Paras 1-3) B) Family Law - Inter-Country Adoption - Security for Child - The Court noted that follow-up reports from adoptive parents are often delayed or not sent. Relying on the Supreme Court judgment in Lakshmi Kant Pandey v. Union of India, the Court directed the proposed adopters to execute a bond of Rs. 1,00,000 with one surety to enable the child's repatriation to India if necessary. (Paras 4-5)
Issue of Consideration
Whether the Court should grant permission for foreign adoption of an Indian child and what conditions should be imposed to safeguard the child's welfare, including the requirement of a bond for repatriation.
Final Decision
The Court allowed the adoption petition subject to the condition that the proposed adopters execute a bond of Rs. 1,00,000 with one surety to enable the child's repatriation to India if necessary.
Law Points
- Welfare of child is paramount in adoption proceedings
- Court may require bond or deposit for repatriation of child in inter-country adoption
- Follow-up reports are essential to ensure continued welfare of adopted child
