IN THE HONOURABLE COURT OF THE JUDGE, FAMILY COURT AT
VISAKHAPATNAM
IN THE MATTER OF FAMILY COURTS ACT 1984
F.C.O.P No. / 2017
BETWEEN:
1. The Project Director of Dist. Women & Child Devp. Agency, rep.
by its Authorised Signatory, at 2nd floor Samkshema Bhavan DRDA
Complex, Sector 9, M.V.P Colony. Visakhapatnam.
2. Mr. JOHN GEORGE FEYERER III (HUSBAND)
3. Mrs. JULIE LYNN FEYERER (WIFE) ... PETITIONERS
A N D:-
-NIL- ... RESPONDENTS
EVIDENCE AFFIDAVIT FILED BY THE S.PADMAVATHI
ON BEHALF OF 1st PETITIONER UNDER O-18 RULE-4 OF C.P.C.
I, S.Padmavathi, W/o late M. Kamalakar rao aged 45 years Occ:
C.D.P.O, Visakhapatnam-(U-I) at the office of Marripalem, Upstair of
Sishugruha, Visakhapatnam. Being represented by 1 st Petitioner, do
here by solemnly affirms and state on Oath as follows:
1. I submit that I am working as C.D.P.O, Visakhapatnam-(U-I) at
the office of Marripalem, Upstair of Sishugruha, Visakhapatnam with
the 1st Petitioner and have been authorised by the 1 st Petitioner to
represent the adoption matter before this Hon’ble Court. As such I am
well acquainted with the facts of the case.
2. I submit that the 2nd and 3rd Petitioner’s are Illinois state in United
States of America Citizen are working JOHN GEORGE FEYERER III is
a Employed in Invesco Power Shares : Position : VP, ETF
Product Management and JULIE LYNN FEYERER is a Employed
in FAME as a VP, Creative Director, ILLINOIS, UNITED STATES OF
AMERICA.
3. I submit the that Government of Andhra Pradesh recognized
Sishu Greha, Project Director, Women and child Development Agency
i.e., the said 1st Petitioner as an Adoption Placement agency to give
orphan children for Inter-Country adoption & Guardianship vide
Certificate, which is filed as Doc. No: 1. 1st Petitioner is empowered to
give abandoned children for Adoption who are in the care & custody, in
2
accordance with the guide lines issued by the Central Adoption
Resource Agency under Guidelines for Adoption from India- 2015 and
also further Guidelines issued from time to time. The said guidelines
were framed by Ministry of Social Justice & Empowerment, Government
of India as per the Judgment of the Hon’ble Supreme Court of India in
Laxmi Kant Pandey vs. Union of India in WP (Crl) No.1171 of 1982. The
1st Petitioner has become de-facto guardian of those children who are
in the care and custody of Sishu Greha, Visakhapatnam,
Visakhapatnam District.
4. I submit that the Female Child baby ANANYA (Female) born on
dated: 04-10-2013 and taken care and custody of Sishu Gruha,
Visakhapatnam. That the Female Child baby ANANYA is abandoned and
1st Petitioner caused paper publication in the local news paper to verify
about the claims, if any regarding Female Child baby ANANYA. As no
person came forward to claim Female Child baby ANANYA and no
objections were raised, within 30 days from the date of publication,
then the child was produced before Child Welfare Committee and after
complying with due procedure as prescribed under law, the Child
Welfare Committee which is formed to declare the child fit for adoption
has declared child baby ANANYA as fit for adoption vide release orders
in File No: 33(3)(c)/J.J. Act 2000, Dated: 24.02.2014 by Child Welfare
Committee, Visakhapatnam.
5. I submit that the profile of Female Child baby ANANYA a special
need child, the profile was placed in online in Central Adoption
Resource Agency (CARA) web portal the PAPs who are residing at 804
E. Liberty Drive, Wheaton, ILLINOIS 60187, U.S.A. Selected the child
for adoption; Hence the petitioner 2 & 3 are decided to adopt a female
child to give a love and affection, and they intended to adopt Female
Child baby ANANYA.
6. I submit that the 2nd and 3rd Petitioner’s are Illinois state in United
States of America Citizens are working JOHN GEORGE FEYERER III is
a Employed in Invesco Power Shares : Position : VP, ETF
Product Management and JULIE LYNN FEYERER is a Employed
in FAME as a VP, Creative Director, ILLINOIS, UNITED STATES OF
AMERICA of the Organization certificate enclosed under Document No:
12. The 2nd and 3rd petitioner’s Annual earning’s amount’s of USD $
3
4,04,000 and $ 1,68,000 and their assets income 2nd and 3rd petitioners
are $ 2,508,000/- enclosed under Document No: 13. The 2nd and 3rd
petitioners are submitting joint returns of income tax enclosed under
Document No: 14. Deposits of Amounts laying in Bank of America
enclosed under Document No: 15 and in American Funds the 2 nd and
3rd petitioners have share balances enclosed under Document No: 15
and Document No. 16 is letter dated 26-01-2015 the Letter of Wheaton
Police Department- Wheaton stating that “no warrant or original
process outstanding” in the Wheaton. No active warrant on file “in the
name of JOHN GEORGE FEYERER III and JULIE LYNN FEYERER. The
document no:9 is reference letter’s dated: 21-9-2015 letter by (Marilee
Seegers) mother of Julie Feyerer, dated: 25-9-2015 letter by Anna
Marie Wachs mother of John George Feyerer III, letter by Julie Southard,
On 10-2-2015 letter by Cheryl Ward, on 17-2-2015 reference letter
by Brain Gardner is recommendation for the Adoption by 1.) JOHN
GEORGE FEYERER III 2.) JULIE LYNN FEYERER. The document no. 3 is
under taking by the 2nd and 3rd petitioner’s to take up adoption of the
child.
7. I submit that with the support of the above documents the 2 nd &
3rd petitioner’s approached the Child Placing Agency; license was
issued by the Central Adoption Resource Authority to Children without
Illinois, United States of America by expressing their intention to adopt
a girl child and also informed the specifications. Central Adoption
Resource Authority to Children without Illinois, United States of
America addressed to CARA and CARA in-turn forwarded the
application to 1st petitioner of seeking availability of children as per the
requirement of the 2nd and 3rd petitioner’s. The 1st petitioner informed
the availability of minor girl child ANANYA and Document No: 4 is the
Child Study Report (CSR), 4th Document is the Medical Examination
Reports (MER) and the proceedings of CWC. Then the 2 nd and 3rd
petitioner’s expressed their willingness, undertaken to adopt minor girl
child ANANYA document no: 3 establishes the same. The document no.
8 is photos of 2nd and 3rd petitioner’s. The 2nd and 3rd petitioner’s
International Adoptive Home Study does not state anything which
disqualifies the 2nd and 3rd petitioner’s from adopting a child. Between
the agreement of the CARA, New Delhi and Illinois, United States of
America. As authorized foreign adoption agency America World
4
Adoption completed the HSR under the terms and conditions laid in the
agreement shown as document no.5.
8. I submit that the 2nd and 3rd petitioner’s agree to take care and
look after the welfare of the child which paramount consideration after
going to the Child Study Report vide declaration of willingness. The 2 nd
and 3rd petitioner’s request is genuine and proper and 2 nd and 3rd
petitioner’s has the financial resource and social awareness to take the
proper care of the minor child baby ANANYA. The proposed adoption is
in the interest and paramount welfare of the minor child.
9. I submit that interest of the minor girl child baby ANANYA be
given in adoption to 2nd and 3rd petitioner’s further be adopted
according to the laws of their Country. The minor child baby ANANYA
does not have any movable and immovable properties standing in her
name. The 2nd and 3rd petitioner’s has agreed to follow necessary
procedures prescribed by law applicable in India and to abide by any
direction passed by this Honourable Court.
10. I submit that on approval by 2 nd and 3rd petitioner’s to adopt the
minor girl child baby ANANYA. Department of Social Service
Management Government of America World Adoption in accordance
with Article 17 (c) of Hague Convention : according to Section 50 off
the Decree 37/2005, dated 12-5-2005 states that Ability and suitability
reports for adoption, to this application for the purpose of adoption and
the institution approves that the adoption process continues, provided
that the family accepts the characteristics of the minor. Upon all the
issues accepted the 2nd and 3rd petitioner’s and bases on this a suitable
basic requirements for the family and Document No: 26 is proceedings
No: 02/SAA/W.G/2016 Dt:06-04-2016 issued by District Adoption
Committee to file application before the Hon’ble Court for legalization
of adoption process.
11. THE PARTICULARS REQUIRED ARE STATED BELOW:
a) Name of the child & date of birth Minor girl child ANANYA born
on 04-10-2013
b) If Minor is female whether she NA
Married
c) The nature, situation and value of Nil
the Property of minor if any
d) Name and address of the person Child ANANYA is in custody
having Custody of person & property of 1st petitioner That no
5
of minor properties stand in the
name of child.
e) Relatives of minor and their Declared as Orphan by the
address CWC
f) Whether a guardian for the person Child ANANYA is in custody
and property of the minor entitled of petitioner no.1
by any personal law to which the
minor is subject to
g) Whether any application has been NO
made at any time in to this court
with respective guardianship of the
person and property of the minor, if
so, what the court held with what
relief
h) Whether the application is for Details mentioned in the
Appointment of declaration of petition
guardian the person of minor or
both
i) Details of guardian intended to be Details mentioned in the
appointment as guardian petition
j) What are the grounds of application Details mentioned in the
details led to filling this applicant petition
The following list documents may marked as Exbit A-1 to Exbit A-11
LIST OF DOCUMENTS
Exbit No. NAME OF THE DOCUMENT
Exbit A-1. NOC and Foreign Agency Affidavit, Letter of Foreign
Agency Enlistment from CARA, Foreign Agency License.
Exbit A-2. Special Power of Attorney given by PAP’s
Exbit A-3. Child Acceptance Letter/ Undertaking by the Adoptive
Parents
Exbit A-4. Master Srinu Photo(Full size photo with PAP’s
acceptance), CWC Original (Original) and CSR & MER
(Original)
Exbit A-5. Home Study Report
Exbit A-6. Home Study Addendum
Exbit A-7. Child Placing Agency License
Exbit A-8. Recent Photographs of the Adoptive Parents family
Exbit A-9. 5 Reference Letters
Exbit A-10. Certified copy of Marriage Certificate
Exbit A-11. Proceedings issued by the Dist Adoption Committee for
legalization of Adoption Process.
It is therefore prayed that the Hon’ble Court may be pleased to:
a.) Permit the 1st Petitioner to give the child the Minor Girl Child
ANANYA (Female) born on 04-10-2013 to 2nd and 3rd petitioners for
adoption. b.) 2nd and 3rd petitioners are be permitted to take the child
ANANYA to ILLINOIS, UNITED STATES OF AMERICA to reside with them
as their natural child. c.) Grant any other relief or relief’s as this
6
Hon’ble Court may deem fit and proper in the circumstances of the
case.
DEPONENT
Solemnly affirm & signed before me on this the 25 th day of March
2017 at Visakhapatnam
ADVOCATE
7
IN THE HONOURABLE COURT OF
THE JUDGE, FAMILY COURT AT
VISAKHAPATNAM
IN THE MATTER OF FAMILY COURTS ACT
1984
F.C.O.P No. / 2017
BETWEEN:
1. The Project Director of Dist.
Women & Child Devp. Agency, rep. by
its Authorised Signatory, at 2nd floor
Samkshema Bhavan DRDA Complex,
Sector 9, M.V.P Colony. Visakhapatnam.
2. Mr. JOHN GEORGE FEYERER III
(HUSBAND)
3. Mrs. JULIE LYNN FEYERER (WIFE)
... PETITIONERS
A N D:-
-NIL–
... RESPONDENTS
EVIDENCE AFFIDAVIT FILED BY THE
S.PADMAVATHI
ON BEHALF OF 1st PETITIONER
UNDER O-18 RULE-4 OF C.P.C.
Filed on:
Filed by:
H. BHARATHI
LEGAL CUM PROBATION OFFICER
DCPU/ICPS, O/o JW, CS & WSC
The Project Director of Dist. Women &
Child Development Agency, rep. by its
Authorised Signatory at 2nd floor
Samkshema Bhavan D.R.D.A. Complex,
Sector IX, M.V.P Colony.
Visakhapatnam-530017.
8
IN THE HONOURABLE COURT OF THE JUDGE, FAMILY COURT AT
VISAKHAPATNAM
IN THE MATTER OF FAMILY COURTS ACT 1984
F.C.O.P No. / 2017
BETWEEN:
1. The Project Director of Dist. Women & Child Devp. Agency, rep.
by its Authorised Signatory, at 2nd floor Samkshema Bhavan DRDA
Complex, Sector 9, M.V.P Colony. Visakhapatnam.
2. Mr. JOHN GEORGE FEYERER III (HUSBAND)
3. Mrs. JULIE LYNN FEYERER (WIFE) ... PETITIONERS
A N D:-
-NIL- ... RESPONDENTS
EVIDENCE AFFIDAVIT FILED BY THE G.CHINMAYI DEVI
ON BEHALF OF 2nd & 3rd PETITIONERS
UNDER O-18 RULE-4 OF C.P.C.
I, G.Chinmayi Devi, W/o G. Babu Bhaghavath Kumar, aged about
52 years Occ: Project Director in D.W. & C.D.A. Visakhapatnam-Dist at
the office of 2nd floor Samkshema Bhavan D.R.D.A. Complex, Sector IX,
M.V.P Colony. Visakhapatnam-530017 do hereby solemnly affirm and
state on oath as follows:
1. I submit that I am working as Project Director in D.W. & C.D.A.
Visakhapatnam-Dist at the office of 2nd floor Samkshema Bhavan
D.R.D.A. Complex, Sector IX, M.V.P Colony, Visakhapatnam represents
the adoption matter before this Hon’ble Court. As such I am well
acquainted with the facts of the case
2. That the 2nd and 3rd Petitioner’s are Illinois state in United States
of America Citizen are working JOHN GEORGE FEYERER III is a
Employed in Invesco Power Shares : Position : VP, ETF Product
Management and JULIE LYNN FEYERER is a Employed in FAME
as a VP, Creative Director, ILLINOIS, UNITED STATES OF AMERICA.
3. I submit the that Government of Andhra Pradesh recognized
Sishu Greha, Project Director, Women and child Development Agency
i.e., the said 1st Petitioner as an Adoption Placement agency to give
orphan children for Inter-Country adoption & Guardianship vide
9
Certificate, which is filed as Doc. No: 1. 1st Petitioner is empowered to
give abandoned children for Adoption who are in the care & custody, in
accordance with the guide lines issued by the Central Adoption
Resource Agency under Guidelines for Adoption from India- 2015 and
also further Guidelines issued from time to time. The said guidelines
were framed by Ministry of Social Justice & Empowerment, Government
of India as per the Judgment of the Hon’ble Supreme Court of India in
Laxmi Kant Pandey vs. Union of India in WP (Crl) No.1171 of 1982. The
1st Petitioner has become de-facto guardian of those children who are
in the care and custody of Sishu Greha, Visakhapatnam,
Visakhapatnam District.
4. I submit that the Female Child baby ANANYA (Female) born on
dated: 04-10-2013 and taken care and custody of Sishu Gruha,
Visakhapatnam. That the Female Child baby ANANYA is abandoned and
1st Petitioner caused paper publication in the local news paper to verify
about the claims, if any regarding Female Child baby ANANYA. As no
person came forward to claim Female Child baby ANANYA and no
objections were raised, within 30 days from the date of publication,
then the child was produced before Child Welfare Committee and after
complying with due procedure as prescribed under law, the Child
Welfare Committee which is formed to declare the child fit for adoption
has declared child baby ANANYA as fit for adoption vide release orders
in File No: 33(3)(c)/J.J. Act 2000, Dated: 24.02.2014 by Child Welfare
Committee, Visakhapatnam.
5. I submit that the profile of Female Child baby ANANYA a special
need child, the profile was placed in online in Central Adoption
Resource Agency (CARA) web portal the PAPs who are residing at 804
E. Liberty Drive, Wheaton, ILLINOIS 60187, U.S.A. Selected the child
for adoption; Hence the petitioner 2 & 3 are decided to adopt a female
child to give a love and affection, and they intended to adopt Female
Child baby ANANYA.
6. I submit that the 2nd and 3rd Petitioner’s are Illinois state in United
States of America Citizens are working JOHN GEORGE FEYERER III is
a Employed in Invesco Power Shares : Position : VP, ETF
Product Management and JULIE LYNN FEYERER is a Employed
in FAME as a VP, Creative Director, ILLINOIS, UNITED STATES OF
10
AMERICA of the Organization certificate enclosed under Document No:
12. The 2nd and 3rd petitioner’s Annual earning’s amount’s of USD $
4,04,000 and $ 1,68,000 and their assets income 2nd and 3rd petitioners
are $ 2,508,000/- enclosed under Document No: 13. The 2nd and 3rd
petitioners are submitting joint returns of income tax enclosed under
Document No: 14. Deposits of Amounts laying in Bank of America
enclosed under Document No: 15 and in American Funds the 2 nd and
3rd petitioners have share balances enclosed under Document No: 15
and Document No. 16 is letter dated 26-01-2015 the Letter of Wheaton
Police Department- Wheaton stating that “no warrant or original
process outstanding” in the Wheaton. No active warrant on file “in the
name of JOHN GEORGE FEYERER III and JULIE LYNN FEYERER. The
document no:9 is reference letter’s dated: 21-9-2015 letter by (Marilee
Seegers) mother of Julie Feyerer, dated: 25-9-2015 letter by Anna
Marie Wachs mother of John George Feyerer III, letter by Julie Southard,
On 10-2-2015 letter by Cheryl Ward, on 17-2-2015 reference letter
by Brain Gardner is recommendation for the Adoption by 1.) JOHN
GEORGE FEYERER III 2.) JULIE LYNN FEYERER. The document no. 3 is
under taking by the 2nd and 3rd petitioner’s to take up adoption of the
child.
7. I submit that with the support of the above documents the 2 nd &
3rd petitioner’s approached the Child Placing Agency; license was
issued by the Central Adoption Resource Authority to Children without
Illinois, United States of America by expressing their intention to adopt
a girl child and also informed the specifications. Central Adoption
Resource Authority to Children without Illinois, United States of
America addressed to CARA and CARA in-turn forwarded the
application to 1st petitioner of seeking availability of children as per
the requirement of the 2nd and 3rd petitioner’s. The 1st petitioner
informed the availability of minor girl child ANANYA and Document No:
4 is the Child Study Report (CSR), 4 th Document is the Medical
Examination Reports (MER) and the proceedings of CWC. Then the 2 nd
and 3rd petitioner’s expressed their willingness, undertaken to adopt
minor girl child ANANYA document no: 3 establishes the same. The
document no. 8 is photos of 2nd and 3rd petitioner’s. The 2nd and 3rd
petitioner’s International Adoptive Home Study does not state anything
which disqualifies the 2nd and 3rd petitioner’s from adopting a child.
Between the agreement of the CARA, New Delhi and Illinois, United
11
States of America. As authorized foreign adoption agency America
World Adoption completed the HSR under the terms and conditions laid
in the agreement shown as document no.5.
8. I submit that the 2nd and 3rd petitioner’s agree to take care and
look after the welfare of the child which paramount consideration after
going to the Child Study Report vide declaration of willingness. The 2 nd
and 3rd petitioner’s request is genuine and proper and 2 nd and 3rd
petitioner’s has the financial resource and social awareness to take the
proper care of the minor child baby ANANYA. The proposed adoption is
in the interest and paramount welfare of the minor child.
9. I submit that interest of the minor girl child baby ANANYA be
given in adoption to 2nd and 3rd petitioner’s further be adopted
according to the laws of their Country. The minor child baby ANANYA
does not have any movable and immovable properties standing in her
name. The 2nd and 3rd petitioner’s has agreed to follow necessary
procedures prescribed by law applicable in India and to abide by any
direction passed by this Honourable Court.
10. I submit that on approval by 2 nd and 3rd petitioner’s to adopt the
minor girl child baby ANANYA. Department of Social Service
Management Government of America World Adoption in accordance
with Article 17 (c) of Hague Convention : according to Section 50 off
the Decree 37/2005, dated 12-5-2005 states that Ability and suitability
reports for adoption, to this application for the purpose of adoption and
the institution approves that the adoption process continues, provided
that the family accepts the characteristics of the minor. Upon all the
issues accepted the 2nd and 3rd petitioner’s and bases on this a suitable
basic requirements for the family and Document No: 26 is proceedings
No: 02/SAA/W.G/2016 Dt:06-04-2016 issued by District Adoption
Committee to file application before the Hon’ble Court for legalization
of adoption process.
11. THE PARTICULARS REQUIRED ARE STATED BELOW:
a) Name of the child & date of birth Minor girl child ANANYA born
on 04-10-2013
b) If Minor is female whether she NA
Married
c) The nature, situation and value of Nil
the Property of minor if any
12
d) Name and address of the person Child ANANYA is in custody
having Custody of person & property of 1st petitioner That no
of minor properties stand in the
name of child.
e) Relatives of minor and their Declared as Orphan by the
address CWC
f) Whether a guardian for the person Child ANANYA is in custody
and property of the minor entitled of petitioner no.1
by any personal law to which the
minor is subject to
g) Whether any application has been NO
made at any time in to this court
with respective guardianship of the
person and property of the minor, if
so, what the court held with what
relief
h) Whether the application is for Details mentioned in the
Appointment of declaration of petition
guardian the person of minor or
both
i) Details of guardian intended to be Details mentioned in the
appointment as guardian petition
j) What are the grounds of application Details mentioned in the
details led to filling this applicant petition
The following list documents may marked as Exbit A-12 to Exbit A-26
LIST OF DOCUMENTS
Exbit. No. NAME OF THE DOCUMENT
Exbit A-12 Medical Certificates of Adoptive Parents
Exbit A-13 Employment Certificates of Father and Unemployment
Certificate of Mother
Exbit A-14 Certificate of Financial Status
Exbit A-15 Income Tax Returns ( Copy of 1 st and 2nd pages of 2014
1040 tax form and W2 tax form)
Exbit A-16 Bank Certificate
Exbit A-17 Police Clearance Letters of PAP’s
Exbit A-18 Birth Certificates of PAP’s
Exbit A-19 Passport Copies of PAP’s
Exbit A-20 Declaration of Willingness Certificate
Exbit A-21 Attestation of personal Conditions and Declaration of
sending Progress Report
Exbit A-22 Child Welfare Report Agreement
Exbit A-23 Child care arrangements letter and Spl undertaking from
a relative
Exbit A-24 Motivation of Adoption Letter
Exbit A-25 Birth Certificates of Children
Exbit A-26 Medical reports for Children
It is therefore prayed that the Hon’ble Court may be pleased to:
a.) Permit the 1st Petitioner to give the child the Minor Girl Child
ANANYA (Female) born on 04-10-2013 to 2nd and 3rd petitioners for
adoption. b.) 2nd and 3rd petitioners are be permitted to take the child
13
ANANYA to ILLINOIS, UNITED STATES OF AMERICA to reside with them
as their natural child. c.) Grant any other relief or relief’s as this
Hon’ble Court may deem fit and proper in the circumstances of the
case.
DEPONENT
Solemnly affirm & signed before me on this the 25 th day of March
2017 at Visakhapatnam
ADVOCATE
14
IN THE HONOURABLE COURT OF
THE JUDGE, FAMILY COURT AT
VISAKHAPATNAM
IN THE MATTER OF FAMILY COURTS ACT
1984
F.C.O.P No. / 2017
BETWEEN:
1. The Project Director of Dist.
Women & Child Devp. Agency, rep. by
its Authorised Signatory, at 2nd floor
Samkshema Bhavan DRDA Complex,
Sector 9, M.V.P Colony. Visakhapatnam.
2. Mr. JOHN GEORGE FEYERER III
(HUSBAND)
3. Mrs. JULIE LYNN FEYERER (WIFE)
... PETITIONERS
A N D:-
-NIL–
... RESPONDENTS
EVIDENCE AFFIDAVIT FILED BY THE
G.CHINMAYI DEVI
ON BEHALF OF 2nd & 3rd PETITIONERS
UNDER O-18 RULE-4 OF C.P.C.
Filed on:
Filed by:
H. BHARATHI
LEGAL CUM PROBATION OFFICER
DCPU/ICPS, O/o JW, CS & WSC
The Project Director of Dist. Women &
Child Development Agency, rep. by its
Authorised Signatory at 2nd floor
Samkshema Bhavan D.R.D.A. Complex,
Sector IX, M.V.P Colony.
Visakhapatnam-530017.
