TMI Blog1986 (12) TMI 367X X X X Extracts X X X X X X X X Extracts X X X X ..... able, having regard to the nature of the case and the extent and volume of the services rendered by the scrutinising agency. We think that in the case of an application for appointment of a foreign parent as guardian of a child the Court would be justified in directing payment of any reasonable amount varying between ₹ 450 and ₹ 500 but in appropriate cases where the Court so thinks fit, such amount may even exceed ₹ 500. This amount shall be directed to be paid to the scrutinising agency by the recognised placement agency which has processed the application of the foreign parent for being appointed guardian of the child with a view to its eventual adoption and the such placement agency shall have the right to recover such amount from the foreign parent whose application for guardianship it has processed. This direction will also apply mutatis mutandis in cases where an, Indian parent makes an application for appointing himself or herself as guardian of a child or a Hindu parent applies for permission to adopt a child under section 9 sub-section (4) of the Hindu Adoptions and Maintenance Act, 1956 and the case is referred to a scrutinising agency by the Court, but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Indian parents who wish to take children in adoption so that the Foster Care Home as also each recognised placement agency will have a consolidated list of such Indian parents. Each Indian parent who is registered with the Foster Care Home or a recognised placement agency as a prospective parent wishing to take a child in adoption and who has been informed by the recognised placement agency that a child is available for adoption will be entitled to information about all the children available for adoption in the group specified by him, according to the consolidated list maintained by the recognised placement agency. This Court directed in paragraph 22 of the main judgment dated 6th February 1984 that the notice of the application for guardianship should not be published in any newspaper and this was reiterated in the Supplementary Judgment dated 27th September, 1985, because otherwise the biological parents would come to know as to who are the parents taking the child in adoption. The question raised in the present application is as to whether this direction should be confined only to cases of adoption by foreign parents or it should be extended to cover cases where Hindu paren ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld for a period of at least one month before it can prepare d really genuine and satisfactory child study report alongwith the medical report. If we permit the recognised placement agency to act merely as post office or conduit pipe for making and processing an application for guardianship on behalf of an unrecognised agency, it would lead to manifold evils which it has been our endeavour to eliminate. We would therefore direct that no recognised placement agency shall make and process an application for appointment of a foreigner as guardian of a child with a view to its eventual adoption, unless the child has been in the custody of the recognised placement agency for a period of at least one month before the making of the application and it shall not be permitted to act merely as a post office or conduit pipe for the benefit of an unrecognised agency. This application of the Delhi Council for Child Welfare seeks clarification in respect of certain observations made by this Court in paragraph 6 of the supplemental judgment dated 27th September 1985. This Court, while providing that children who are found abandoned should not be assumed to be free for adoption but they must be p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nxious that in respect of abandoned or destitute children, there should be no undue delay in offering them for adoption to Indian parents and, failing Indian parents, to foreign parents, because it is absolutely essential that such children should be able to secure love and affection of adoptive parents at the earliest. Indeed, nothing can take the place of love and affection of parents and every effort must therefore be made to see that no procedural delays hold up the process of such children being taken in adoption. This new direction given by us will also be applicable in cases where, the Juvenile Court not being in existence, application for release order is required to be made to the Social Welfare Department in the capital of the State or to the Collector of the District in other places. The Social Welfare Department or the Collector, as the case may be, will dispose of such application within one month of its making. There were several points raised in this application filed on behalf of Church of North India, Holy Cross Social Service Centre, Missionaries of Charity and Delhi Council for Child Welfare. The first point related to a practice which is being followed in Del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edition in giving a child in adoption. The applicants pointed out that under our judgments, where there is a child surrendered by the biological parents, a minimum period of three months is allowed to the biological parents to reconsider their decision and in case of an abandoned or destitute child, a period of three months is provided for the Juvenile Court, Social Welfare Department or the Collector to clear the child and declare it free for adoption and after the child is declared free for adoption, a maximum period of two months is provided to find an Indian family for the child which period is now curtailed to three to four weeks--and thereafter it takes another four weeks in mail for sending the child study and medical reports to the sponsoring agency abroad for being handed over to the foreigner for his approval and awaiting the receipt of approval and then a further period of two months is allowed for the court to process the case and thereafter on an average it takes another month or more to get the passport and visa formalities completed. It thus takes about 8 to 9 months after the abandonment of the child before the child is able to join its adoptive parents. This is, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... biological parents and give them an opportunity to reconsider their decision after explaining the implications of the child being declared legally free for adoption. But, this opportunity shall be availed of by the biological parents within a period of one week and no more. This procedure will considerably reduce the time taken up in giving an opportunity to the biological parents to reconsider their decision as also in getting the child cleared for adoption by the Juvenile Court or the Social Welfare Department or the Collector. Whilst the application for a release order is pending before the Juvenile Court or the Social Welfare Department or the Collector, the recognised placement agency which has found the child or to which the child is transferred by the social or child welfare agency finding the child, may proceed to explore the possibility of offering the child in adoption and the child may be offered simultaneously to Indian parents as well as foreign parents, subject to the clearance of the child for adoption by the Juvenile Court or the Social Welfare Department or the Collector; The recognised placement agency need not wait until the release order is made by the Juvenile ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Government of the State where the recognised placement agency is functioning as also to the Government of the State where the associate social or child welfare agency is operating. If, for any compelling reason, it becomes necessary for the recognised placement agency to transfer a child either to its own branch or to an associate social or child welfare agency before completion of the inquiry by the Juvenile Court or the Social Welfare Department or the Collector, as the case may be, the recognised placement agency shall be allowed to do so after obtaining permission of the Juvenile Court or the Social Welfare Department or the Collector in that behalf. We would also direct the Government of India to publish at least once in a year a list of recognised placement agencies and their associate social or child welfare agencies operating in each State in two leading newspapers having wide circulation in that State, one in the English language and the other in the regional language of that State, so that the people may know which are the recognised placement agencies and their associates which are functioning in that State. We would also direct the Government of India to send ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s home country. It would be impossible for any foreign social or child welfare agency to sponsor the case of such foreigner who is living in India and it would equally be impossible for any such social or child welfare agency to prepare a home,study report in respect of such foreigner. We would, therefore, direct that in case of a foreigner who has been living in India for one year or more, the home-study report and other connected documents may be allowed to be prepared by the recognised placement agency which is processing the application of such foreigner for guardianship of a child with a view to its eventual adoption and that in such a case the court should not insist on sponsoring of such foreigner by a social or child welfare agency based in the country to which such foreigner belongs nor should a home-study report in respect of such foreigner be required to be obtained from any such foreign social or child welfare agency. The home-study report and other connected documents prepared by the recognised placement agency should be regarded as sufficient. The last point raised on behalf of the applicants arises out of paragraph 12 of the supplemental judgment dated 27th Septem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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