CRAIG ALLEN COATESversusSTATE & ANR.

                        (2010] 11 S.C.R. 102


A                     CRAIG ALLEN COATES
                                  v.
                           STATE & ANR.
                  (Civil Appeal No. 7475 of 2010)
                       SEPTEMBER 8, 2010
B
         [MARKANDEY KATJU AND T.S. THAKUR, JJ.]

        Adoption:

c        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
    applicant - Report of the Medical Board that the applicant had
0
    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
    Welfare.
E
        Inter-country adoptions ~ Procedure to be followed -
    Directions given.

        CIVIL APPELLATE JURISDICTION : Civil Appeal No.
F   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

H                                102
      CRAIG ALLEN COATES v. STATE & ANR.                    103


                           ORDER                                   A
    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         B
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      C
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.       D
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            E
    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.                                                          F
          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            G
    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         H
    104      SUPREME COURT REPORTS                 [2010) 11 S.C.R.


A         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
B         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
c         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
D         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.
E
                 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
          where the child's interaction within the group was
F
          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
G
  \ should be allowed to adopt the minor male child Anil.
     "
          (Prof. Rajat Ray)
          Head, Deptt of Psychiatry, AllMS.
          (Dr. Pear Drego)
H         Psychotherapist and family Counselor (Dr. Amit Sen)
        CRAIG ALLEN COATES v. STATE & ANR.                     105

       (Dr. Amit Sen)                                                 A
       Child Psychiatrist
       (Dr. Roma Kumar)
       Clinical Psychologist"
      We are satisfied from the Report of the Medical Board,          B
 AllMS 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       C
 for adopting minor child Anil and direct that the formalities
 regarting adoption as per the procedure prescribed shall be
 completed before the District Judge Ill (West), Delhi, as
 expeditiously as possible.
                                                                      D
       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                E
  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           F
  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, AllMS.
      CARA may have been similar expert committees                    G
 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.
                                                                      H
 R.P                                        Appeal disposed of.