ORDER–SHEET FOR CIVIL COURT
Morigaon Mahila Mehfil Vs. Ms. Ana Isabel Buendia Bermejo
Sl. No.
of
Orders
Date Order Signature
06-06-16 The present petition has been filed under section 41
of the Juvenile Justice (Care and Protection of Children) Act
2000, by Marigaon Mahila Mehfil, represented by its Secretary
Wahida Rahman, supported by an affidavit duly sworn and by
prospective adoptive parent Miss Ana Isabel Buendia Bermejo
of Spain with a prayer to allow them to give the child named
MAINA in adoption.
The child above named was born on 01/06/09 and
was found abandoned in the streets of Tezpur town. She is
proposed to be given in adoption. She is an unclaimed female
child and no parents or relatives to have come forward to
take her custody. The child has been given shelter in
“SOFTSEED”, which is a society and has been registered
under section 34 (3) of Juvenile Justice (Care and Protection
of Children) Act 2000. The said child has been declared as
legally free for adoption by a certificate given by the
chairperson, Child Welfare Committee (CWC), Sonitpur vide
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CWC/T/211/14 dated 28/07/2015 (marked as annexure 7).
Wahida Rahman is the Attorney holder of the
prospective adoptive parent Miss Ana Isabel Buendia Bermejo.
She has furnished the certificate of registration under section
34 of the Juvenile Justice (Care and Protection of Children)
Act 2000(marked as Annexure 1) and the notification of
the state Child Protection Society, Assam notifying Marigaon
Mahila Mehfil as a specialized adoption agency (SAA) under
section 41(4) of the Juvenile Justice (care and protection of
children) Act of 2000 (marked as Annexure 2). She has
furnished the certificate of registration of “SOFTSEED”, given
under the Juvenile Justice (Care and Protection of Children)
Act 2000 (marked as Annexure 3). The petitioner Wahida
Rahman has also filed the no objection certificate issued by
Central Adoption Resource Authority ( in short CARA),
allowing Marigaon Mahila Mehfil, to give in adoption the child
MAINA to the prospective adoptive parent Miss Ana Isabel
Buendia Bermejo, (marked as Annexure 22).
Apart from these documents the following documents
have been filed by the petitioners---
1. Medical examination report (MER) of the child
(marked as Annexure 5).
2. Child study report ( marked as Annexure 6).
3. Suitability assessment home study report for
inter country adoption in India (marked as Annexure 8).
4. Reference latter certifying capability of Miss Ana
Isabel Buendia Bermejo developed a minor child (marked as
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Annexure 10).
5. Official medical certificate certifying that Miss
Ana Isabel Buendia Bermejo does not suffer from any
infectious or contagious illness or any psychological or
physical handicap that prevents hire from adopting a minor. It
also certifies that the lady does not suffer from HIV or
hepatitis A, B or C (marked as Annexure 11).
6. Employment certificate showing her income
(marked as Annexure 13).
7. Certificate showing financial status of the
prospective parent (marked as Annexure 14).
8. Certificate issued by the Ministry of Justice of
the Government of Spain showing the personal details of the
prospective parent (marked as Annexure 15).
9. Latter by CARA authorising Children without
frontiers---Ninos sin Fronteras—Marques de Urquijo, 9-A,
282008, Madrid, Spain to be the Authorised Foreign Adoption
Agency(AFAA)[marked as Annexure 16].
10. Undertaking given by Ninos sin Fronteras to
follow CARA guidelines (marked as Annexure 19).
11. Certificate of the Ministry of Justice, Government
of Spain, for the purpose of intercountry adoption, certifying
that Miss Ana Isabel Buendia Bermejo does not have any
criminal record ( marked as Annexure 20).
12. Undertaking given by Miss Ana Isabel Buendia
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Bermejo to follow the guidelines of CARA (marked as
Annexure 21).
13. Power of attorney given by Miss Ana Isabel
Buendia Bermejo to Wahida Rahman ( marked as Annexure
23).
14. Consent later by Maina (marked as Annexure
24).
It appears from the documents submitted by Wahida
Rahman, the Secretary of the Marigaon Mahila Mehfil, that
Miss Ana Isabel Buendia Bermejo is duly registered with Ninos
sin Frontera, the Approved Foreign Adoption Agency (AFAA).
The home study report of the said prospective adoptive
parent was prepared by the aforesaid AFAA. All the
documents as required by the Guidelines Governing Adoption
of Children, 2015 (in short guidelines of 2015) were duly
prepared, notarised, apostilled in Spain.
The CARA after due examination of all the relevant
documents submitted by the petitioner and on being satisfied
that due procedures as laid down in the guidelines of 2015
have been followed and that the adoption is in the best
interest of the child, has approved the proposed adoption and
no objection certificate( Annexure 22) was issued. After
receiving the said no objection certificate the petitioners have
filed the instant petition.
The petitioner has further stated that the prospective
adoptive parent Miss Ana Isabel Buendia Bermejo was born
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on 28th day of January 1970. She is a married woman. She
has been working with the Spanish bank Banco de Castilla La
Mancha and was officially assigned to money laundering
prevention unit of the bank and in the year 2015 she earned
20,165.67 euros. She also has her own house which is valued
at 117,000 euros. She has a private vehicle valued at 2000
euros and has a pension plan which is valued at 17,672.69
euros.
India has ratified the Hague Convention on the
Protection of Children and Cooperation in respect of
Intercountry Adoption 1993 that concluded on 29 May 1993,
which recognised that the child, for the full and harmonious
development of his or her personality, should grow up in a
family environment, in an atmosphere of happiness, love and
understanding. Article 17 is the relevant provision for this
case. It reads as --
Any decision in the State of origin that a child should
be entrusted to prospective adoptive parents may only be
made if -
a) the Central Authority of that State has ensured
that the prospective adoptive parents agree;
b) the Central Authority of the receiving State has
approved such decision, where such approval is required by
the law of that State or by the Central Authority of the State
of origin;
c) the Central Authorities of both States have agreed
that the adoption may proceed; and
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d) it has been determined, in accordance with Article
5, that the prospective adoptive parents are eligible and
suited to adopt and that the child is or will be authorised to
enter and reside permanently in the receiving State.
After careful perusal of the materials available on
record, I find that the requirements of the Article 17 (C) of
the Hague Convention on the Protection of Children and
Cooperation in respect of Intercountry Adoption 1993, the
Guidelines Governing Adoption of Children, 2015 issued by
the Ministry of Woman and Child Development of Government
of India and also the guidelines of the Honourable Supreme
Court in Luxmi Kant Pundey v Union of India (AIR 1984 SC
496) have been complied it by all the parties to this matter.
Now I am satisfied that Miss Ana Isabel Buendia
Bermejo is capable of taking in adoption the child MAINA,
who at present is in the custody of “SOFTSEED”, Tezpur. I
see no impediment in passing an order in favour of Miss Ana
Isabel Buendia Bermejo. Accordingly the prayer for adoption
is allowed and permission is granted to the petitioner
Marigaon Mahila Mehfil to give the child MAINA in adoption to
the prospective parent Miss Ana Isabel Buendia Bermejo.
The instant proceeding stands disposed of and closed
accordingly.
(P.J. Saikia)
District Judge,
Sonitpur: Tezpur.
.