CRAIG ALLEN COATES versus STATE & ANR.

Citation: [2010] 11 S.C.R. 102 · Decided: 08-09-2010 · Supreme Court of India · Bench: MARKANDEY KATJU, T.S. THAKUR · Disposal: Disposed off

Judgment (excerpt)

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(2010] 11 S.C.R. 102 
CRAIG ALLEN COATES 
v. 
STATE & ANR. 
(Civil Appeal No. 7475 of 2010) 
SEPTEMBER 8, 2010 
[MARKANDEY KAT JU AND T.S. THAKUR, JJ.] 
Adoption: 
Inter-country adoptions -
Indian male child with 
developmental delays and difficulty in learning - Prayer for 
adoption of, by a U.S. based woman who has professional 
experience in home based nursing - Medical Board of 
experts of A/IMS constituted to examine the child and the 
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applicant - Report of the Medical Board that the applicant had 
adequate financial and emotional resources to provide for the 
child and that there is reciprocity between them and that the 
applicant would be a proper person to whom the child can be 
given in adoption - Prayer allowed - Child and Family 
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Welfare. 
Inter-country adoptions ~ Procedure to be followed -
Directions given. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
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7475 of 2010. 
From the Judgment & Order dated 31.08.2009 of the High 
Court of Delhi at New Delhi in F.A.O. No. 32 of 2009. 
Krishna Mani, Mohindru Singh, Rishi Kesh, Amit Kumar for 
G the Appellant. 
Anil Srivastav for the Respondents. 
The following order of the Court was delivered 
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102 
CRAIG ALLEN COATES v. STATE & ANR. 
103 
ORDER 
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Leave granted. 
Heard Mr. Krishna Mani, Senior advocate and Mr. 
Mohindru Singh, advocate for the petitioner and Mr. Gopal 
Subramaniam, learned Solicitor General who has appeared as 
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amicus curiae in this case, Ms. Coates who proposes to adopt 
the child Anil, has also appeared before us. 
On the previous date, we had requested the learned 
Solicitor General of India to get the matter examined by an 
expert committee as to whether the adoption of the child Anil 
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by Ms. Coates would be in the interest of the child. Today, a 
report has been submitted by the learned Solicitor General 
made by a committee of Medical experts constituted at the 
instance of learned Solicitor General and comprising Prof. (Dr.) 
Rajat Ray, Dr. Pearl Drego, Dr. Amit Sen and Dr. Roma Kumar. 
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The report reads as follow:-
"A medical board consisting of Prof. (Dr.) Rajat Ray, 
Dr. Pearl Drego, Dr. Amit Sen and Dr. Roma Kumar 
constituted on the directions of your goodself met in the 
Room No. 13, VIP Room, Private Ward Building, AllMS 
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on 6th September. 2010 at 11.00 AM to examine the 
minor child Anil and Ms. Cynthia Ann Coates for the 
purpose of evaluating the petition for adoption vide 
reference letter No. G-702/SGl/2010 dated 31st August, 
2010. 
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The board looked into the medical records of 
medical and mental state of th~ child Anil as presented in 
the reports of Medical officers of Medical Home for 
Children. Moolchand Hospital, VIMHNS as well as the 
psycho metric evaluation of the child from Dr. Roma 
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Kumar on the 3rd September. 
From all records it was apparent the child has 
developmental delays and difficulties with respect to 
learning and expressing and would require special care 
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104 
SUPREME COURT REPORTS 
[2010) 11 S.C.R. 
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for learning needs. In the opinion of the board such a child 
will benefit from family based care and nurturance rather 
than institutional care. 
The board went through the adoption home studies 
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made by Lutheran Social Services Wisconsin, USA which 
gave a detailed analysis of the adoptive parents and the 
family. 
The board further examined Ms. Coates, her 
intentions, her professional experience and her proposed 
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education of the child. She has had extended experience 
in home based nursing and in a respite home where she . 
has given personal care to patients with neuro-muscular 
disorders, cognitive impairments and other handicaps. Her 
experience in home health and her sensitivity towards 
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multicultural issues was evident in her interactions. She 
presented a clear vision of the family, school and 
community resources she needs to mobilize in order to 
make the adoption successful. She is committed to 
providing physical therapy, occupational therapy, speach 
therapy and special education to her adopted child. 
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From the records available to the board it seems that 
she has adequate financial and emotional resources to 
p"rovide for the adopted child. The board also viewed the 
recent recorded video made with the child's current setup 
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where the child's interaction within the group was 
observed. The reciprocity in the relationship between Ms. 
Coates and the child became apparent during our 
interview. 
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Thus the board is of the opinion t

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