BRONSON BARTHOL DIAS AND ANR vs CENTRAL ADOPTION RESOURCE AUTHORITY AND ORS

Judgment text excerpt

PALLAVI 11-WP-3506-2025 (C) (1).doc MAHENDRA WARGAONKAR Digitally signed by PALLAVI MAHENDRA IN THE HIGH COURT OF JUDICATURE AT BOMBAY WARGAONKAR Date: 2025.04.12 CIVIL APPELLATE JURISDICTION 19:12:06 +0530 WRIT PETITION NO. 3506 OF 2025 1. Bronson Barthol Dias 2. Ruth Bronson Dias ...Petitioners. Versus 1. Central Adoption Resource Authority, 2. Relaxation Committee, 3. The Union of India through the Ministry of Women and Child Development. 4. Maharashtra State Adoption Resource Authority. 5 Vatsalya Trust. ...Respondents __________ Adv. Meenaz Kakalia, Gayatri Sathe i/b. Mulla & Mulla & CBC, for the Petitioners. Mr. A.I. Patel, Addl. GP, for the Respondent No.4. Mr. Y.R. Mishra a/w Mr. Upendra Lokegaonkar, Mr. Sachidanand T. Singh, for Union of India. __________ CORAM : G. S. KULKARNI & ADVAIT M. SETHNA, JJ. DATE : 7 APRIL 2025 ORAL JUDGMENT (Per G.S. Kulkarni, J.) :- 1. The petitioners are Prospective Adoptive Parents (PAP). They have two daughters born on 24 August 2014 and 20 June 2019 respectively. It is the petitioners case that these biological children suffer disability. The first daughter was diagnosed with Nystagmus a few months after her birth, Pallavi Wargaonkar, PS Page 1 of 14 11-WP-3506-2025 (C) (1).doc followed by a cyst in her brain. She was operated for the removal of the cyst, but the damage in the process was permanent, which caused her visual impairment. So far as the younger daughter is concerned, it is stated that her case was falling into Global Developmental Delay as she suffers from (i) no eye contact, (ii) hearing impairment, (iii) syndromic facial features and (iv) delayed milestones. She has been issued Unique Disability ID under the provisions of the Persons with Disabilities Act, 2016. 2. It is in these circumstances, the petitioners on 1