Bombay High Court
VATSALYA TRUST MUMBAIversusVAISHALI TAYADE DAUGHTER OF CHUDAMAN TAYADE (PRO. ADOPTIVE PARENT) ISHIKAA VAISHALI TAYADE (MINOR)
- Decided
- Disposal
- DISPOSED OFF
- Bench
- FARHAN PARVEZ DUBASH
Holding
The court held that, having satisfied all statutory requirements and considering the best interests of the child, the adoption of the minor by the prospective adoptive parent, including the name change and issuance of a birth certificate, is permissible.
Summary
The Vatsalya Trust filed an Indian Adoption Petition on behalf of Ms. Vaishali Tayade, a 47‑year‑old software leader from Bangalore, seeking to adopt the female minor Ishita, who was surrendered by her biological mother and declared legally free for adoption by the Child Welfare Committee. All statutory requirements under the Juvenile Justice (Care and Protection of Children) Act, 2015 were satisfied, including medical clearances, home study report, financial stability, and undertakings. The court considered the best‑interest of the child, the petitioner’s valid recognition to place children for adoption, and the precedent set in Nisha Pradeep Pandya v. Union of India regarding jurisdiction over adoption matters. It held that the adoption, change of name, and issuance of a new birth certificate could be granted. Accordingly, the petition was allowed, the name was changed to “Ishikaa Vaishali Tayade,” and the petitioner was directed to obtain an additional undertaking from the adoptive parent.
Issues considered
- Whether the adoption of the minor by Ms. Vaishali Tayade complies with the requirements of the Juvenile Justice (Care and Protection of Children) Act, 2015 and is in the best interest of the child.
- Whether the court has jurisdiction to approve the adoption and related orders despite pending challenges to the JJ Act amendment.
- Whether the court can order a change of name and issuance of a birth certificate for the adopted child.
- Whether any further undertaking is necessary to prevent subsequent adoption of the child.
Legislation cited
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Juvenile Justice (Care and Protection of Children) Amendment Act, 2021
Subjects
- adoption
- juvenile justice act
- best interest of child
- name change
- birth certificate
- Indian Adoption Petition
- CWC
- legal free for adoption
Judgment
IAP/12/2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
INDIAN ADOPTION PETITION NO. 12 OF 2026
Vatsalya Trust, Mumbai,
Address at – Plot No. 1285,
Near Kanjur Marg Police Station, Kanjur (East),
Mumbai 400 042
Through its Authorised Signatory/Convener -
Ms. Anupama Sagun Dhuri … Petitioner
And
1. Ms. Vaishali Tayade
aged 47 years, Occupation: Service,
Residing at Sai Poorna Luxuria, T3-709,
Reliable Tranquil Layout, 32/10, Harlakunte
Village, Kudlu Road,
Bangalore - 560102 … Prospective Adoptive Parent
_______________________________________
Ms. Aarti Prasad Kulkarni for the Petitioner
Mr. O. Hareendran – Scrutiny Officer – ICSW present.
Mr. Dilip S. Gurav - Chamber Registrar present.
_______________________________________
Digitally
signed by
AMOL
AMOL
PREMNATH
CORAM : FARHAN P. DUBASH, J.
PREMNATH JADHAV
JADHAV Date:
2026.03.12
22:54:08
DATE : 04th MARCH 2026
+0530
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Order dated 04th March 2026
IAP/12/2026
ORDER:
1. By this Indian Adoption Petition, the Petitioner and the
Prospective Adoptive Parent (PAP) has sought the adoption of the female minor
named Ishita (minor) born on 26th December 2024. The minor was
surrendered by her biological mother before the Child Welfare Committee,
Mumbai Suburban-I (CWC) on 07th January 2025 and her safe custody was
given to the Petitioner Institution on the same day as per the order of the CWC
under the provisions of Juvenile Justice (Care and Protection of Children) Act,
2015 (JJ Act). The Admission Order of the CWC is placed on record.
2. The Child Welfare Committee, Mankhurd, Mumbai, declared the
minor ‘Legally Free for Adoption’ by an order dated 13 th March 2025 after
following the necessary procedure. The required Undertakings and Affidavits
have also been tendered and are taken on record.
3. The PAP is an Indian National aged about 47 years, residing at
Bangalore, Karnataka with no biological/adopted children.
4. The PAP is employed as a Leader, Software Engineering with Cisco
Systems (India) and her annual income for the Assessment Year 2025-26 is
stated to be Rs. 63,16,290. On record is her proof of residence and other
financial/supporting documents.
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5. The Medical Report dated 09th January 2025 of the PAP is on
record, and her HIV report shows a negative result.
6. The Home Study Report of the authorities of the Specialized
Adoption Agency – Shishu Mandir Children’s Home, Bangalore has found the
PAP suitable to adopt a child. The Home Study Report records that the PAP is
emotionally stable and well-suited to be entrusted with the adoption and
upbringing of the minor. In addition, a Child Security Undertaking executed by
the cousin and the wife of the PAP, undertaking to look after the minor in the
event of any untoward incident or mishap to the PAP, has been placed on
record.
7. The other requisite documents, including the motivation letter
submitted by the PAP, her Declaration of Consent and Undertaking to adopt the
minor child, as well as the pre-adoption foster care Undertaking, have also
been duly placed on record.
8. The Medical Examination Report of the minor, dated 18 th June
2025, is on record, and it records the health status of the minor as “Normal”.
Her overall observation report states that ‘Child’s development is a dynamic
process and may show variation with time. At present up to now his overall
mental and physical development is within normal limits’ . It is important to
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Order dated 04th March 2026
IAP/12/2026
note that the PAP has countersigned this Report. Moreover, the Medical
Examination Report is on record. The HIV Report of the minor, dated 09 th
January 2025, is also placed on record and indicates that the result is negative.
9. As regards the change of name, the PAP desires that the minor’s
name Ishita be renamed as “Ishikaa Vaishali Tayade”.
10. The Petitioner’s recognition from the Department of Women and
Child Development, Government of Maharashtra to place children in adoption
is valid for a period up to 31st March 2026. A copy of the extension order dated
5th December 2025 issued by Department of Women and Child Development,
Government of Maharashtra is placed on record.
11. Mr. O. Hareendran, Scrutiny Officer, has tendered a Report/
Representation of the ‘Indian Council of Social Welfare’ dated 24 th February
2026 which is taken on record and marked ‘X’ for identification.
12. Having considered the material on record, as well as the Report of
Mr. O. Hareendran, Scrutiny Officer which has been marked ‘X’, I am of the
view that it would be in the interest of the minor that she is adopted by the
PAP.
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Order dated 04th March 2026
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13. It is relevant to note here that in the case of Nisha Pradeep Pandya
and Anr v. Union of India 1, which has considered a challenge raised to the
Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, the
Division Bench of this Court on 10 th January 2023, has passed an interim order
and the relevant portion of the said order is reproduced hereunder :
“8. In the meantime, there will be an ad-interim order only until the
next date in terms of prayer clauses (d), (e) and (f) of the petition which
reads as follows:
d. Pending the final hearing and disposal of the present Petition, the
Hon'ble Court may be pleased to stay the effect, implementation and
purport of the letter dated 30th September, 2022 issued by Respondent No.
2;
e. Pending the final hearing and disposal of the present Petition, the
Hon'ble Court may be pleased to direct the Respondents not to transfer
pending adoption matters before the District Magistrates for adjudication.
f. Pending the final hearing and disposal of the present Petition, the
Hon'ble Court may be pleased to direct the Hon'ble Courts to continue with
the adjudication of the adoption matters that are pending on their record
and file.
9. Additionally, the safer and more prudent course of action would be to
allow all matters to be placed before the learned Single Judge of this Court
who is assigned those matters. Those orders may be continued to be passed
until the challenge is finally decided.”
14. Therefore, it is clear that this Court can consider and dispose of
the present Petition.
1 2023 SCC OnLine Bom 90
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Order dated 04th March 2026
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15. In these circumstances, the following order is passed:-
:: ORDER ::
(i) The present Indian Adoption Petition is allowed in terms
of prayer clauses (a) to (d) which read as under:
“(a) That the Prospective Adoptive Parent be given the said child in
Adoption and be declared as the parent having all parental legal
rights, Privileges and responsibilities over the said minor.
(b) That the Prospective Adoptive Parent may be granted leave to
remove the said minor from the jurisdiction of this Hon'ble Court
and to take the said minor out of the jurisdiction of this Hon'ble
Court whenever required.
(c) That the concerned Municipal Authority/Birth Certificate issuing
Authority may be directed to issue Birth Certificate in the name of
the said minor Ishikaa Vaishali Tayade born on 26/12/2024 and
stating thereon that the Prospective Adoptive Parent as the Parent of
the said minor.
(d) That the Prospective Adoptive Parent be allowed to change the
name of the minor from Ishita to "Ishikaa Vaishali Tayade” born on
26/12/2024.”
(ii) It is directed that the Petitioner will obtain a further
undertaking from the PAP that she will not give the minor for further
adoption without the prior leave of this Court. Once this undertaking is
obtained, the same shall be filed on the record of this Court.
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Order dated 04th March 2026
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(iii) The present Indian Adoption Petition is accordingly
disposed of.
(iv) There shall be no order as to costs.
(FARHAN P. DUBASH, J.)
Ajay
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Order dated 04th March 2026
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