NISSAN SHALOM CHILDREN HOME Vs. XXX XXXX XXXX

JUDGEMENT

(1.) The present revision is directed against the impugned order dtd. 17/2/2021 passed by the District Judge, Gajapati at Paralakhemundi passed in Adoption Misc. Case No.03 of 2020 under Annexure-1 rejecting the adoption of minor female child, namely, xxxx xxxx, who is presently under the care and custody of the petitioner's institution NISSAN Shalom Children Home (Specialized Adoption Agency (SAA)), located at Biswanath Nagar, Paralakhemundi in the district of Ganjam.

(2.) Bereft of unnecessary details, the factual backdrop of the present case, is that the petitioner's institution is a registered and recognized agency working in the field of Child and Social Welfare in the district of Gajapati wherein destitute and relinquished children are rehabilitated. The minor female child, namely, xxxx xxxx, whose adoption is the subject matter of adjudication in the present revision petition, is presently under the care and custody of the petitioner's institution. The female child in question sought to be adopted as an abandoned/orphan child aged about 10 years as she was born on 11/9/2011. Further she was declared legally free for adoption by the district Child Welfare Committee, Gajapati under Sec. 38 of the Juvenile Justice Act. It is also stated that no guardian has yet been appointed for the said child and therefore, permission of the Court is sought for in her adoption under Sec. 58(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short 'the JJ Act, 2015').

(3.) The Opposite Party No.1, namely, Miss Maria Teresa Sanchez Anguita, who is a single parent and a citizen of Spain at present working as Administrative Assistant in the Legal Consultancy at Universodad de Castilla La Mancha UCLM Calle Altagracia, Coidad Real Spain expressed her intention to adopt the female child named hereinabove. The Opposite Party No.1, who desires to adopt a child, accordingly approached the agency concerned, after meeting the female child in question. She developed a weakness for the child and decided to adopt the child in question. Accordingly, she has submitted her application after completion of all legal formalities under J.J. Act, 2015. The Prospective Adoptive Parent (PAP) (Opposite Party No.1) was also found eligible and suitable to adopt the child by Foreign Care Agency, namely, 'NINOS SIN FRONTERAS'(translated into English 'CHILDREN WITHOUT FRONTIERS'). It is further stated in the petition that the Opposite Party submitted her home study report prepared as per the law. The foreign adoption agency involved in the process has also been approved by the appropriate Central Authority under the Juvenile Justice Act.