1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION FOREIGN ADOPTION PETITION NO.1 OF 2009 Soren Bjerg Sogaard and Anr. .. Petitioners Mr.V.V.Kanade i/b. M/s.Mahimtura & Co. for petitioners Mr.O.Harindran representative of ICSW present Ms.U.P.Desai, A.G.P. for respondent State CORAM : S.C.DHARMADHIKARI, J. DATE : 28th January 2009. P.C. . This is a foreign adoption petition. On the last occasion, the matter was adjourned as it was noticed that there was discrepancy in the Deed of Surrender. The name of the mother of the Female child who has been surrendered, along with the address, was mentioned. However, there was doubt about her status. It is not clear as to whether she is unmarried or widow. Further, the address where she was residing was not tallying 2 with the one mentioned in the document. 2. Therefore, I had directed the concerned police station to conduct an enquiry. Accordingly, the enquiry was conducted and statement of the hospital so also the Social Worker of Bal Vikas Trust is recorded. It is stated that the mother of the female child had married the father of the child in a Temple at Naigaon, Mumbai but that was his second marriage. Therefore, the same was not registered. However, from this relationship, the female child was born. Thereafter, the death certificate of the father of the child was produced, which evidences his death at Mumbai. The concerned police station, after making proper enquiries and recording statements has clarified the above position to me. 3. I have perused the report of the said police station so also the documents which were 3 placed for my perusal. 4. From the above material I am satisfied that the female minor was born from the relationship set out in the Deed of Surrender and the biological mother surrendered the child to Bal Vikas, Mumbai. Thereafter, proper procedure has been followed. Relevant clearances have been obtained. Even the medical reports are placed before me. The child has some deformity and, therefore, the adoptive parents were explained the position. They have willingly come forward to adopt the child. They are aware of the medical condition and the treatment that is required to be administered to the child. In such circumstances and bearing in mind Interest and welfare of the minor that I have signed the Judge’s Order. 5. My attention is invited to the observations of the Supreme Court in Laxmikant 4 Vs. Union of India, reported in A.I.R. 1984 S.C. 469 and more particularly paras 6 and 7 thereof. To avoid any complications in future as also to ensure that the procedure laid down by the Hon’ble Supreme Court is complied with, it would be desirable if the institutions are directed to affix passport size photograph of the child and the Biological mother/ Parent/ Person surrendering the child on the Deed of Surrender or Relinquishment. The said photograph should be duly authenticated by the Authority witnessing the Surrender. Further at the time of surrender all documents should be minutely scrutinised and more particularly in relation to the identity of the Biological Parent, the Residential address so also proof of delivery of child. Such scrutiny should be done by the Scrutiny Officer/ authorised officer of concerned authority, who shall state in the deed of surrender itself that he/she has verified and scrutinised the documents and he/she is satisfied that the surrender is 5 Genuine and voluntary and there is no threat or inducement to surrender. The Scrutiny Officer to sign the Deed and affix the stamp after stating that all details, including Time and date of surrender and adoption are true and correct. 6. Upon the deed of surrender being executed with the photographs and other details as above, a certified true copy thereof shall be forwarded to the Nearest Police station by the Institution. The nearest police station to maintain record of surrenders and minor at such Institutions as are working and functioning within its Jurisdiction. The Institution shall forward details of adoption sponsored by or routed through it. 7. With these directions and upon satisfaction as above, this Judge’s Order is signed. Al concerned to act upon authenticated copy of this order. 6 (S.C.Dharmadhikari, J)