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Report No. 153

Destitute or abandoned child

5.9. Where the child is an orphan, destitute or abandoned and parents are not known, the social or child welfare agency in whose care the' child has come, must try to trace1 the biological parents of the child:

(a) If the biological parents can be traced and if it is found that they do not want to take back the child, then the same procedure as outlined for the children living with their biological parents discussed earlier should be as far as possible be followed.

(b) But, if for any reason, the biological parents cannot be traced, then there can be no question of taking their consent or consulting them.

(c) Then, in a class of cases under (b) as above, the consent of the child or social welfare agency involved in the field of inter-country adoption is primarily necessary. This institutional consent is to be ultimately guided by the sole factor and paramount consideration of the best interest of the child.

1. L.K. Pandey v. Union of India, (1984) 2 SCR 838.



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