LexLAXMI KANT PANDEY versus UNION OF INDIA & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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71
LAXlll KANT PANDEY
A
V•
UNION OF INDIA & ANR.
SEPTEMBER 27, 1985
[P.N. BHAQIATI, C.J., R.S. PATHAK AND AMARENDRA NATH SEN, JJ.]
B
Adoptions-
lnter-cmmtry adoption of children -
Adoption · of Indian
Children by foreign parents - Principles and norms laid down by
Supreme Court - Clarification and alteration of.
c
The applicants - social or child welfare agencies engaged
in placement of children iii inter-country adoption after having
felt that there were certain difficulties in implementing the
principles and norms adopted and the procedure laid down by
Supreme Court. in its judgment in Laxmi Kant Pandey v. Union of
India, w.P. (Crl.) No. 1171/82, made the present applications
seeking clarification on the various points., nemely (i) whether
a scrutinizing agency must be distinct from a placement agency;
(ii) what steps must be taken where there is disruption in the
family of the petitioner either before or after the adoption;
(iii) what is the role which a scrutinising agency is expected to
play in the procedure relating to inter-country adoptions; (iv)
whether it is desireable to permit a child to be taken from one
State to another for the purpose of being given in adoption and,,
if so, what guidelines should be followed; (v) Clarification in
regard to the reports to be made by the social or child welfare
agency
sponsoring
the application after the foreigner is
appointed gusrdian of the child and he takes the child to his own
country; (vi) what is the role which the representatives of
foreign agencies should be allowed to play in inter-cO\llltry
adoption; (vii) whether the requirement that the certificates,
declarations and documents required to be sul:mlitted along with
the application of 'the foreigner for taking a child in adoption
should be duly notarised by a Notary Public and the signsture of
the Notary Public should be duly attested either by an officer of
the Ministry of External Affairs or Justice or social welfare of
the country of the foreigner or by an officer of the Indian
Embassy or High Coumissioner or Consulate in that country, must
be insisted upon; (viii) whether the court, while making an order
for appointment of a foreigner as gusrdian should not insist on
deposit being made by way of security for enabling the child to
D
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F
G
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72
SUPREME COURT REPORTS
[1985] SUPP.3 s.c.R.
A
be repatariated to India, should it become necessary for any
reason and instead a bond to be executed by the foreigner should
be sufficient; (ix) Direction regarding extension of time of 2
years to complete the adoption process in bona fide cases; (x)
whether the awn of Rs.60 per day fixed as the maxlaum for
reimbursement of maintenance expenses which may be incurred by a
B
social or child welfare agency on the child was to High and that
it should be reduced to Rs.500 per month; (xi) whether suitable
directions be given to district courts to expedite proceeding for
appointment of a prospective adoptive parent as guardian of the
child. {xii) whether the courts DBJSt require the foreign parents
wishing to take a child in adoption to come down to India for the
purpose of meeting the child before approving the child for
C
adoption and (xiii) what efforts be made to give a child in
adoption to Indian parents before considering the possibility of
Jlll].cing it in adoption with foreign parents.
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Disposing of the applications,
llELD:l. The scrutinizing agency appointed by the Court for
the purpose of assisting it in reaching the conclusion whether it
would be in the interest of the child to be given in adoption to
the foreign parents
DBJSt
not in any manner
be involve<! in
placement of children in adoption. The scrutinizing agency llllllt
be an expert body having experience in the area of child welfare
and it should have nothing to do with placement of children in
adoption, for otherwise objective and impartial evaluation may
not be possible. [80 H; 81 A-BJ
2. The social or child welfare agency sponsoring the appli-
cation DBJSt undertake that in case of disruption of the family of
the foreigner before adoption can be effected it will take care
of the child and find a suitable alternative placement for it
with the approval of the concerned social or child welfare agency
in India and report such alternative placement to the Court
handling the guardiana--ship proceedings and such information
shall be passed on both by the courtExcerpt shown. Read the full judgment & AI analysis in Lexace.