1986 (12) TMI 367 - SC - Indian Laws

Summary

Issues Involved:
1. Payment to Scrutinizing Agencies
2. Prevention of Illegal Sales of Babies
3. Notice Publication for Adoption Applications
4. Use of Recognized Placement Agencies by Unrecognized Agencies
5. Expeditious Release Orders by Juvenile Courts
6. Application Procedures for Foreign Guardianship
7. Delay in Adoption Process
8. Transfer of Children Between States
9. Reimbursement of Expenses for Recognized Placement Agencies
10. Home-Study Reports for Foreigners Living in India
11. Security Deposits for Foreign Guardianship Applications

Issue-wise Detailed Analysis:

1. Payment to Scrutinizing Agencies:
The court directed that a reasonable amount, typically between Rs. 450 and Rs. 500, should be paid to scrutinizing agencies for their services when a foreign parent is appointed as a guardian. This amount may exceed Rs. 500 in appropriate cases. For Indian or Hindu parents, the amount should not exceed Rs. 150. The recognized placement agency processing the application must pay this amount and can recover it from the foreign parent.

2. Prevention of Illegal Sales of Babies:
The court acknowledged the difficulty in creating a fool-proof system to prevent illegal sales of babies but emphasized the need for a procedure to reduce such occurrences. Nursing homes and hospitals must inform the Social Welfare Department or the District Collector about any abandoned or destitute children they find. This information should also be shared with Foster Care Homes and recognized placement agencies.

3. Notice Publication for Adoption Applications:
The court clarified that the direction to not publish notice of guardianship applications in newspapers, initially meant for foreign adoptions, also applies to Hindu parents seeking to adopt under section 9(4) of the Hindu Adoptions and Maintenance Act, 1956.

4. Use of Recognized Placement Agencies by Unrecognized Agencies:
The court disapproved of the practice where unrecognized agencies use recognized placement agencies as intermediaries for processing adoption applications. Recognized placement agencies must have custody of the child for at least one month before making an application for guardianship to prepare a genuine child study report.

5. Expeditious Release Orders by Juvenile Courts:
The court modified its previous direction, stating that Juvenile Courts must complete inquiries and pass release orders within one month for children produced before them for adoption. High Courts must ensure compliance by calling for monthly reports from Juvenile Courts.

6. Application Procedures for Foreign Guardianship:
The court directed that recognized placement agencies should not be required to join as co-petitioners in guardianship applications. Instead, a bond should be taken from the recognized placement agency to secure performance of obligations. Existing joint guardianships will end upon the child's adoption by foreign parents.

7. Delay in Adoption Process:
To reduce delays, the court directed that a Deed of Relinquishment by biological parents or unwed mothers should suffice for declaring a child free for adoption, bypassing the need for Juvenile Court orders. For abandoned or destitute children, police inquiries must be completed within one month, and release orders should be issued within five weeks. Recognized placement agencies can simultaneously offer the child for adoption to Indian and foreign parents.

8. Transfer of Children Between States:
The court allowed recognized placement agencies to transfer children to their branches or associate agencies in other states after completing necessary inquiries and obtaining release orders. The Government of India must publish lists of recognized placement agencies and their associates annually in leading newspapers and provide these lists to District Courts.

9. Reimbursement of Expenses for Recognized Placement Agencies:
The court increased the maximum reimbursement amount for recognized placement agencies from Rs. 4,000 to Rs. 6,000, covering legal, administrative, medical, and other related expenses.

10. Home-Study Reports for Foreigners Living in India:
For foreigners living in India for one year or more, the court allowed recognized placement agencies to prepare home-study reports and other documents, eliminating the need for sponsorship or reports from agencies in the foreigner's home country.

11. Security Deposits for Foreign Guardianship Applications:
The court decided that a bond from the recognized placement agency, which can obtain a corresponding bond from the sponsoring foreign agency, should suffice instead of requiring security deposits or bank guarantees.

These clarifications and directions aim to streamline the adoption process, reduce delays, and safeguard the interests of the children involved.