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Ours By Choice by Nilima Mehta
Sample Documents
A. CHILD STUDY REPORTTo be submitted to the court after
being countersigned by the adoptive applicants Photograph
of the child to be countersigned by both parents.
Name and address of the
institution:
I. General
information :
- Name of the child :
- Reference no. as per
general register of the institution
- Present age and date
of birth:
- Sex:
- Religion(if known):
- Where was the child
born (institution, hospital, home):
- In whose care is the
child at present? If in foster care, state
reasons why it had to be removed from the
institution and the date on which it was removed:
II. Legal data :
(For court committed or remand children only)
- Is the child on
remand or committed to your institution:
- Name of the
committing court:
- Age of the child at
the time of Commitment:
- Date of order of
Commitment:
- Period of Commitment:
- Final date of
release:
- Section of the
Juvenile Justice Act, 1986:
- Date of admission to
your institution.
Please enclose a copy of
the Court Commitment Warrant:
If available, please enclose a copy of the Probation
Officers report which he/she submitted to the
Juvenile Court at the time of commitment of the child as
also the Commitment Order for the court.
III. Social data :
Do not give identifying information such as name and
address of the natural parent
- Date of admission of
the child to your institution:
- How did the child
come to your institution:
- admitted directly by
parent or any other guardian?
- placed on remand or
court committed or referred by the police? (Name
of the committing court or police station should
be given).
- transferred from any
other institution, and if so which one?
- any other source?
- Circumstances under
which the child came to the original institution:
- Reasons for seeking
protection in the institution:
- Available information
on biological parents physical and mental
health (if any history of mental illness,
ailments such as diabetes, epilepsy, heart
condition, etc.):
- Social information
about the relatives (including health and medical
condition of the immediate family of the
childs biological parents):
- In case relatives are
alive, have they agreed to give away the child in
adoption/guardianship and if so, whether written
consent has been obtained:
- Whether the relatives
have established any contact with the child after
his/her admission to your institution:
- If the child is
purely destitute, give information which will
prove this:
- If the child was
abandoned some time after birth, say about 10
days, give details of how the child was being
cared for during the intervening period:
IV. Physical and
emotional development:
- Attitude towards
other inmates:
- Relationship with
relatives, staff and other adults including
strangers:
- Intelligence (if and
where possible, I.Q. report should be enclosed):
- If the child is
school-going, give a detailed report of his/her
standard, attendance, general interest in
studies, progress, limitations if any:
- General personality
and description of the child:
- Play activity and any
specific talent:
- Milestones of the
child (for children below 18 months): Please mark
yes/no
Does the child...?
- smile
- turn over on its
stomach
- lift its head
- grasp objects in its
hand
- crawl on its own
- sit with support
--------- without support ---------
- stand with support
------- without support -------
- walk with support
-------- without support -------
- Language development:
- babbles incoherently
- speaks few words
incoherently
- speaks few words
clearly
- speaks fluently
- language/s spoken by
the child
- Dietary habits:
Intake of : Liquid foods ----------- Semi solids
-------- solids --------
- Physical examination
report (appended)
I, Shri/Smt. ----------- , of ---------- (name of
agency), do hereby certify that the information
given in this form about the child is correct.
Place: ---------- Signature : ------------------
Date : ---------- Name : ----------------------
Designation:
We have read and understood the contents of this
Child Study Report and are willing to accept as
our adoptive child ------------------------ (fill
in childs name).
(Signature of the male applicant) (Signature of
the female applicant)
(Name of the male applicant) (Name of the female
applicant)
Place:
Date:
B. MEDICAL REPORT
OF THE CHILD
Physical examination
report (to be filled in by the examining physician)
Name of the child:
Sex:
Age:
Colour: skin ------ eyes ------ hair -----
Height:
Weight:
Head:
Feet:
Circumference (any defect):
Vision(number and condition):
Nose:
Teeth:
Chest:
Posoture:
Heart:
Spine:
Nervous System:
Legs:
Reflexes:
Abdomen:
Hearing (any defects):
Any other:
Immunizations:
B.C.G.:
Measles:
Triple Antigen:
Poliomyelitis:
Tests (to be completed wherever possible)
VDRL:
Tuberculosis:
Chest X-rays:
Urine analysis:
Stool:
Blood:
HIV:
H.P.B.:
Medical evaluation (pertinent information regarding the
childs physical condition):
General condition of mental and physical development
observations of physician:
Date:
Physicians signature:
Place:
Registration number:
We have read and
understood the contents of this Physical Examination
report and are willing to accept ----------- (fill in
name of the child) with his/her given condition.
(Signature of the male applicant) (Signature of the
female applicant)
(Name of the male applicant) (Name of the female
applicant)
C. BIRTH AFFIDAVIT
OF THE CHILD
I, Mr. ---------------,
residing at -----------, Bombay, do hereby state on
solemn affirmation as follows:
1. I say that I am the
father of female minor born on ----------.
2. I say that the date of
birth of my daughter is -------------. There is no other
document or record stating the said date of birth of the
said minor and no such other document can be traced by
any amount of diligence.
3. It is therefore the
intention of this document that it be used as Birthdate
Certificate for all purposes allowed by the Law including
the childs school admission purpose.
Solemnly affirmed at Bombay
on this 13th day of December, 1990.
Before me
Notary
D. DOCUMENT OF
SURRENDER (SINGLE PARENT)*
I, -------- aged -------
do hereby state as follows:
- I delivered a child
on ------- at ------. The said child is born out
of wedlock and has been in my guardianship and
custody thereafter.
- I request the
authorities not to disclose my full identity or
address or whereabouts and do not wish to give
any information of the father, or other relatives
of the said child, because of social reasons.
- I am the sole
guardian of the said child and there is no other
lawful guardian or father for the said child.
- I say that I was
helped by the authorities of Family Service
Centre, Eucharistic Congress Building Number 3, 5
Convent Street, Colaba, Bombay 400 039 to
understand all implications of adoption of my
child and I was specifically told that in case
the minor whom I am abandoning, if adopted, I
shall have no further contact with the minor. I
have made this decision of abandoning the minor
after due thought and consideration.
- I say that I, without
receiving any monetary and material consideration
voluntarily of my own free will and volition and
without any inducement, influence, coercion or
fraud and without being under the influence of
any person, drink or drug, have today handed over
my aforesaid child to Family Service Centre,
Eucharistic Congress Building Number 3, 5 Convent
Street, Bombay 400 039 with the authority to
Family Service Centre, Bombay to place the said
child in adoption / guardianship with any
suitable people.
- I say that I have
abandoned the said child because I am unable to
look after, maintain, educate and bring up the
child and have no relative, friend willing to do
so. I further say that I was explained and given
to understand that I can claim my child within
three months from today. I have further been
explained that if I do not reclaim my child
during this period of three months the agency
will be free to rehabilitate the child at its own
discretion either in India or abroad. I further
state that should any untoward event occur with
regard to the child when in the agencys
foster care, I shall not hold the agency
responsible.
- I hereby declare that
I have relinquished all my rights and claims to
the said child and all reciprocal rights, claims
and/or obligations of the parent and child
between me and the said child are terminated. The
authorities of Family Service Centre, Eucharistic
Congress Building Number 3, 5 Convent Street,
Bombay 400 039, may in their discretion place the
said child into any good family irrespective of
religion, in India /abroad, or transfer the child
to any institution for the purpose of
adoption/guardianship or any suitable
rehabilitation.
- *The sample documents
are derived from the records of the Family
Service Centre,Bombay.
8. I request the
authorities of Family Service Centre, Bombay, not to
disclose my name and identity, known to them, to person
or persons or authority at any time and under any
circumstances.
Read over and explained by me-
Full name:
Designation:
Address:
Witnessed by:
Full name:
Designation:
Address:
Dated this day of 1992:
Natural mothers name , signature/thumb impression:
Signature.thumb impression of natural mothers
relative:
DOCUMENT
OF SURRENDER (MARRIED COUPLE)
- We, Mr. --------,
aged --- years and Mrs. ----------, aged ---
years do hereby state as follows :
- We have been married
for five years. We have two children, a female
child aged four years, and a male child aged one
and a half years. We say that with much thought
and consideration, we have decided to give up our
third child, that is, a female child, born on
--------, in adoption. We are the sole guardians
of the child and there is no other lawful
guardian for the said child.
- I am working as a
newspaper vendor at Dadar and have no permanent
shelter. My wife is in long-term hospital care
since she is suffering from an advanced stage of
tuberculosis which is terminal. My wife and I are
finding it very difficult to provide for and look
after three children. We have been explained that
some kind of support and foster care can be
arranged by Family Service Centre, in case we do
not wish to abandon this child. However, in the
best interests of the child, we have decided, by
our own free will, to give up the said baby girl
in adoption.
- We say that we are
helped by the authorities of Family Service
Centre, Eucharistic Congress Building Number 3, 5
Convent Street, Colaba, Bombay 400 039, to
understand all implications of adoption of our
child and we were specifically told that in case
the minor whom we are abandoning, if adopted,we
shall have no further contact with the minor.
- We request the
authorities not to disclose our full identity or
address or whereabout and do not wish to give any
information of ourselves because of social
reasons.
- We are aware that the
Family Service Centre will act in the best
interests of the child. However, in unforseeable
circumstances, we shall not hold the agency
responsible.
- We say that without
receiving any monetary and material consideration
voluntarily, of our own free will and volition
and without inducement, influence, coercion, or
fraud and without being under the influence of
any person, drink or drug, have handed over our
aforementioned child to Family Service Centre,
Eucharistic Congress Building Number 3, 5 Convent
Street, Colaba, Bombay 400 039, with the
authority to Family Service Centre, Bombay, to
place the said child in adoption / guardianship
with any suitable couple.
- We say that we have
abandoned the said child because we are unable to
look after, maintain, educate and bring up the
said child and have no relative or friend willing
to do so. We further say that we were explained
and given to understand that we can claim our
child within four months from today. We have
further been explained that if we do not reclaim
our child during this period of four months, the
agency will be free to rehabilitate the child at
its own discretion either in India or abroad.
- We hereby declare
that we have relinquished all our rights and
claims to the said child and all reciprocal
rights, claims and / or obligations of the parent
and child between us and the child are
terminated. The authorities of Family Service
Centre, Eucharistic Congress Building Number 3, 5
Convent Street, Bombay 400 039, may at their
discretion place the said child into any good
family irrespective of religion, in India /
abroad or transfer the child to any institution
for the purpose of adoption / guardianship or any
suitable rehabilitation.
- We request the
authorities of Family Service Centre, Bombay, not
to disclose our name and identity, known to them,
to person or persons or authority at any time and
under any circumstances.
Read over and explained by
me-
Full name:
Designation:
Address:
Witnessed by:
Full Name:
Designation:
Address :
Witnessed by:
Full Name:
Relative of natural parents:
Address:
Natural mothers name, signature/thumb impression:
Natural fathers name, signature/thumb impression:
Dated, this day of July 1991:
RELEASE
DOCUMENT FOR CHILD ON REMAND
IN THE COURT OF THE
METROPOLITAN MAGISTRATE: JUVENILE COURT:
UMERKHADI:BOMBAY; CASE NO. 333J/88
B/J was produced before
this Court by Matunga Police station on 4-9-1988 and he
was transferred to the Observation Home. Thereafter, he
was transferred to A.O.H. on 6-10-1988. His photo was
telecasted on television on ------- 1989. Till this date
nobody has turned to enquire about him to take his
custody. It, therefore, clearly appears that he is
abandoned by his parents and relatives. He is therefore,
declared as a destitute child.
Sd/-
Metropolitan Magistrate
Juvenile Court, Umerkhadi
Bombay
RELEASE
DOCUMENT OF COURT COMMITTED CHILD
Social Welfare, Cultural
Affairs, Sports and Tourism Department, Sachivalaya
Annexe, Bombay 400 032
Bombay Children Act: 1948*
No. BCA 2376/13960-D-X: whereas the Metropolitan
Magistrate, Juvenile Court,
Umerkhadi, by his order dated the 10-10-79 made under
section 45 of the Bombay Children Act, 1948 (Bom. LXXI of
1948) committed the male /female child named to the care
of the home, Bombay for the period ending 2008.
And whereas Mr. and Mrs. ---------- residents of
(hereinafter called the custodians) have requested that
the said child be given to them for care and custody and
have agreed that the said male / female child will be
taken care of as if s/he were their own child.
And whereas the Director of Child Welfare, Maharashtra
State, Pune, has moved the State Government for release
of the said male/female child to the care of the
custodians after having satisfied himself about their
bonafide intention and they are fit persons.
Now, therefore, in exercise of the powers conferred by
subsection (1) of section 97 of the Bombay
Childrens Act, 1948 and of all other powers
enabling it in this behalf the Government of Maharashtra
hereby order the said male /female child to be discharged
from the Home and directs the authorities of the said
Home to entrust him to the case of the custodians with
the following instruction:
- 1) That the
custodians shall provide for the facilities of
instructions to the child in his religion as
envisaged in subsection (1) of section 91 of the
Bombay Children Act, 1948 and shall execute a
bond to that effect.
- 2) That the
custodians shall give a copy of photograph of the
child to the Director of Child Welfare,
Maharashtra State, Pune, while removing the child
from the Institution.
- 3) That the
custodians shall send report about the progress
of the child every year to the Director of Child
Welfare, Maharashtra State, Pune.
By order and in the name
of the Governor of Maharashtra,
Sd. ()
Under Sect. to Government of Maharashtra
To,
The Director of Child
Welfare, Maharashtra State, Pune
The Divisional Social Welfare Officer, Pune
The Executive Secretary, ICSW, 175, D.N. Road, Bombay
The Superintendent , of the ------ Home, ----------
Bombay
Mr. and Mrs. (the custodians address)
- *Replaced by the
Juvenile Justice Act, 1986
E. COURT ORDER:
UNDER HINDU ADOPTION AND MAINTENANCE ACT,1956
IN THE BOMBAY CITY CIVIL
COURT AT BOMBAY
Miscellaneous Petition NO. ------- of 1990
In the matter of the Hindu Adoption and Maintenance Act,
1956
AND
In the matter of the adoption of --------, a female minor
under the age of 15 years.
Petitioner
V/s.
Family Service Centre, 5 Convent Street, Colaba, Bombay
400 039
Respondents:
CORAM: HIS HONOUR PRINCIPAL JUDGE SHRI ----------
Dated: 3rd day of December,1990
UPON READING the petition of ---------, the Petitioner
herein declared on the 26th day of November, 1990 for
permission to adopt female minor ----------, born on 5th
June, 1990 and Affidavit of ----------, affirmed on the
26th day of November 1990 AND UPON READING the consent of
Mrs. ---------, the wife of Petitioner AND UPON the
Petitioners undertaking to execute Deed of Adoption
by the Petitioner in favour of the said minor within one
week from this date and submit the true copy of the said
deed to this Honourable Court AND UNDERTAKING by the
Family Service Centre, 5 Convent Street, Colaba, Bombay
400 039 to submit this Honourable Court two follow-up
reports after every three months and one follow-up report
after six months of the second follow-up report regarding
the minors adjustment in the Petitioners
family with copies of the reports to the Indian Council
of Social Welfare, 175, Dr. D.N. Road, Bombay 400 001 AND
UPON READING the representation of the said Indian
Council of Social Welfare AND UPON HEARING --------,
Advocate for the Petitioner above named AND UPON being
satisfied that the conditions for valid adoption are
fulfilled I DO ORDER that the Petitioner ----- is hereby
given permission to adopt the said minor to himself AND I
DO HEREBY CERTIFY that the date of birth of the said
minor ------- is 5th June, 1990 and place of birth is
Bombay and the said minor has Indian Nationality AND I DO
FURTHER ORDER that the date of birth of the said minor
stated above shall serve as Birth Certificate for the
said minor for all purposes required by Law and no
separate birth certificate shall be required for this
minor AND I DO FURTHER ORDER that the Petitioner and his
wife shall henceforth be considered as parents of the
said minor AND I DO LASTLY ORDER that the Petitioner to
pay a sum of Rs. 150/- to the said Indian Council of
Social Welfare towards their cost.
Dated this 3rd day of
December, 1990.
PRINCIPAL JUDGE
Advocate for the Petitioner
COURT
ORDER : UNDER THE GUARDIANS AND WARDS ACT,1890
IN THE HIGH COURT OF
JUDICATE ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS
GENERAL AND INHERENT JURISDICTION
Indian Guardianship Act.No. ---- of 1990.
In the matter of Guardians and Wards Act, 1890
AND
In the matter of the appointment of guardian of person of
a male minor -----,inmate of Family Service Centre,
Eucharistic Congress Building Number 3, 5 Convent Street,
Bombay 400 039
Petitioner
UPON READING the petition of --------, the Petitioner
herein dated the 15th day of April, 1990 for the
appointment of the Petitioner as legal guardian of male
minor ------, born on the 10th day of November, 1989 AND
UPON HEARING ------, Advocate for the Petitioner in
support of the said petition AND UPON READING the
Affidavit of --------, Social Worker of Family Service
Centre, 5 Convent Street, Bombay 400 039 sworn on the
16th day of April, 1990 consenting to the appointment of
the Petitioner as legal guardian of the said minor AND
UPON considering the representation made by Indian
Council of Social Welfare, 175, Dr.D.N.Road, Bombay 400
001 AND UPON HEARING --------, the representative of the
said Indian Council AND UPON the Petitioner through his
said Advocate hereby giving an undertaking to this
Honourable Court to produce the said minor whenever
required AND FURTHER undertaking to communicate the
address of the said minor to the authorities of Family
Service Centre, 5 Convent Street, Bombay 400 039 when
there is a change in the address of the Petitioner by
31st day of January of every year AND FURTHER undertaking
to adopt the said minor child in the event of any law
being passed permitting Christians to adopt AND UPON the
Petitioner through his said Advocate Further Undertaking
to this Honourable Court that he will deposit Rs.
10,000/- (Rupees Twenty Five Thousand Only) in the name
of the said minor child ------, born on the 10th day of
November, 1989 in Unit Trust of Indias Scheme of
"Childrens Gift Growth Fund 1986" for the
period of -------- till the said minor attains the age of
21 years AND FURTHER Undertaking by the Petitioner that
neither he nor his wife will withdraw the said or any
amount from the said deposit and in the event of the said
Scheme of the Unit Trust of India being for any reason
discontinued the Petitioner will approach this Honourable
Court taking up adoption matters for further directions
in the matter of the aforesaid investment AND FURTHER
Undertaking to submit to this Honourable Court every six
months for two years a Follow-Up Report of the said
child(alongwith his recent photograph) made or verified
as correct by the Organisation which made the Home Study
Report herein regarding the said minors moral,
material progress and his adjustment in the
Petitioners family with information of the date of
arrival of the said minor to the Petitioners home
and copies of the said reports tothe said Indian Council
of Social Welfare, Bombay, I DO ORDER that the Notice
under Section 11 of Guardians and Wards Act, 1890 by and
the same is hereby dispensed with AND I DO FURTHER ORDER
that the Petitioner ------- by and he is hereby appointed
guardian without remuneration of the said minor
----------, born on the 10th day of November, 1989 whose
latest photograph duly certified as such by the Advocate
for the Petitioner herein and countersigned by an Officer
of this Honourable Court is attached hereto and marked as
Exhibit "A" and now in the custody and care of
the authorities of the said Family Service Centre, 5
Convent Street, Bombay 400 039 AND I DO FURTHER ORDER
that the Petitioner himself or his wife or both or any
person authorised by the Petitioner are hereby given
specific permission to remove the said minor from the
jurisdiction of this Honourable Court and to take him
away wherever and/or whenever he may desire and for that
purpose make an application to the passport authorities
or any other authorities to take away the said minor out
of the jurisdiction of this Honble Court AND I DO
HEREBY LASTLY ORDER that the Petitioner herein do pay a
sum of Rs. 150/- (Rupees One Hundred and Fifty Only) to
the said Indian Council towards their cost of the
petition.
Dated this 28th day of
April 1990.
JUDGE
Sd.
Advocate for the Petitioner
Sd.
2nd Asst. Master
High Court, Bombay.
F. DEED OF ADOPTION
This Deed of Adoption is
made on the 12th day of March, 1991 by me -------, aged
about 46 years, permanently residing at ------------,
Bombay.
WHEREAS I am a Hindu and governed under the Hindu Law and
whereas I have been married since last 17 years to
--------- and I have no son at all either natural or
adopted and Whereas I fulfill all the conditions laid
down under the Hindu Adoption and Maintenance Act, 1956,
for the lawful and valid adoption and Whereas a male
minor ------ born on the 10th day of June, 1990, was
abandoned by his natural parent and Whereas near or far
relations of this minor cannot be traced by any amount of
diligence and Whereas I desired to adopt this child
legally and Whereas for that purpose of Law under Section
9 (4) of the Hindu Adoption and Maintenance Act, 1956,
and accordingly whereas I filed a petition with the
consent of my said wife ------- in the City Civil Court
at Bombay vide Miscellaneous Petition No. ----- of 1991
for getting the permission of the said Honourable Court
under Section 9(4) of the Hindu Adoption and Maintenance
Act, 1956, and Whereas after the said Honourable City
Civil Court at Bombay was satisfied that the adoption by
me will be for the said minor --------, born on the 10th
day of June,1990, AND WHEREAS the said Honourable Court
was further satisfied that I have fulfilled all the
conditions for valid adoption by me and after so
satisfying the Honourable Court was pleased to grant my
petition and pass order in my favour giving the required
permission to me as laid down by Law on 11th March, 1991,
hereto annexed and marked as Exhibit "A" is the
true copy of the certified copy of the said order of the
Honourable Court granting me permission to take the said
minor in adoption to myself AND WHEREAS there exists
clear intention to all the persons concerned that the
said minor --------, born on the 10th day of June, 1990,
be transferred from his family of birth to my family AND
WHEREAS to remove all possible doubts that after the said
permission by the Honourable City Civil Court at Bombay,
I have actually adopted this minor and the permission
given to me by the Honourable City Civil Court at Bombay
has been utilised by me and I hereby confirm that after
signing this document nothing more is left to be done by
me to complete this by me and on signing this document
the adoption is complete and the permission given to me
is fully utilised.
NOW THIS DEED WITNESSETH AS FOLLOWS:
a) I have taken the said
minor -------, born on the 10th day of June, 1990, as my
son and I have treated him as such and I declare that he
shall enjoy and inherit all rights and privileges as my
adopted son in accordance with the Personal Law
applicable to me.
b) I further declare that
I am aware that this adoption is irrevocable and I
irrevocably give the status of my son to this minor.
I have made this Deed of Adoption to remove all possible
doubts about having adopted this minor --------, born on
-------, who is to perpetuate my line and name.
IN WITNESS whereof I have executed this Deed of Adoption
on the date first aforementioned.
Signed and delivered by the within named ------
Witnesses: 1------ 2 ---------
INDEMNITY BOND
In the High Court of
Judicature at Bombay
Ordinary Original Civil Jurisdiction
Miscellaneous Petition No. -------- of 198 in the matter
of the Guardian and Wards Act, 1890, AND in the matter of
the Appointment of Guardian of the person of minor inmate
of a national of ------- residing at -----------.
Petitioner
WHEREAS by an order made by the Honourable --------------
Mr. Justice on ------ in the above matter, the Petitioner
herein has been appointed the legal guardian of the minor
------- born on ------- an inmate of ------- and the said
Petitioner has been permitted to take the said minor to
his place of residence in -------- AND WHEREAS before
taking minor out of ------ the Petitioner has undertaken
to execute Bond through his duly constituted attorney in
Bombay in favour of the Prothonotary and Senior Master of
the High Court of Judicature at ------- for an amount of
------ to repatriate the said minor to India by air
should it become necessary for any reason to do so now
THIS INDENTURE OF BOND WITNESSETH that the Petitioner
through his duly constituted attorney ------- in
compliance of the above undertaking hereby firmly binds
himself and is hereby firmly bound to pay unto the
Prothonotary and Senior Master of the High Court of
Judicature at ----------, his successors-in-office and
assigns the sum of Rs. ------- to repatriate the said
minor ------- to India by air as and when it becomes
necessary for any reason to do so and further places on
record that this bond shall remain effective until the
said minor attains the age of majority.
Dated this ------- day of ----------
Signed and sealed and delivered by the within named
------------
In the presence of --------
Note: Normally a Bond for a sum of Rs. 15,000 is
executed. The Bond is to be executed by persons taking a
child out of India for the purpose of adoption.
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