Craig Allen Coates vs State & Anr

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 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 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. 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, AIIMS 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/SGI/2010 dated 31st August, 2010.

The board looked into the medical records of medical and mental

state of the 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 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 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 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 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 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.

From the records available to the board it seems that she has

adequate financial and emotional resources to provide for the

adopted child. The board also viewed the recent recorded video

made with the child's current setup 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.

Thus the board is of the opinion that the petitioners should be

allowed to adopt the minor male child Anil.

(Prof. Rajat Ray)

Head, Deptt of Psychiatry, AIIMS.

(Dr. Pear Drego)

Psychotherapist and family Counselor (Dr. Amit Sen)

(Dr. Amit Sen)

Child Psychiatrist

(Dr. Roma Kumar)

Clinical Psychologist"

We are satisfied from the Report of the Medical Board, AIIMS that

Ms. Coates would be a proper person, to whom the child Anil can be

given in adoption.

In the result, we allow this appeal, set aside the impugned judgment

passed by the High Court as also that passed by the District Judge

refusing to grant the prayer made by Ms. Coates for adopting minor

child Anil and direct that the formalities regarting adoption as per the

procedure prescribed shall be completed before the District Judge III

(West), Delhi, as expeditiously as possible.

We further direct that for inter-country adoptions the procedure

followed heretofore could include a reference to an expert committee

on the lines constituted in the present case to ensure that inter

country adoption are allowed only after full and proper satisfaction is

recorded by all the agencies including a committee of experts

wherever reference to such a committee is considered necessary.

We are told that Central Adoption Resources Agency (CARA) has the

power to make references but no expert committee as such has been

constituted of identified for that purpose. The our opinion, it would be

appropriate if Central Adoption Resources Agency requests the

Director All India Institute of Medical Sciences to constitute a

committee of experts to be headed by Professor and Head of the

Department of psychiatry, AIIMS.

CARA may have been similar expert committees constituted in other

States also to facilitate references to them in regard to children who

may be living at distant places from Delhi.

We disposed of this appeal on the above terms. No costs.