Inter Country Adoptions: Delhi HC Issues Directions For Enabling Parties To Obtain Certification From DMs, Foreign Authorities A

The Delhi High Court has issued various steps for enabling adoptive and biological

parents to obtain the required certification and no- objection from District Magistrates,

foreign authorities and Central Adoption Resource Authority(CARA) in relation with inter

country adoptions.

Justice Pratibha M Singh issued the following steps to be considered by the concerned

authorities for implementation:

(i) Creation of a database of all SDMs/District Magistrates as also the State Adoption

Resource Agencies and District Child Protection Unit who will need to be contacted for

the purpose of verification and issuance of certificates;

(ii) Publication of such a database on CARA's website;

(iii) Creation of a help desk at CARA which shall be available both physically and online.

The help desk/helpline should have a 24- hour helpline, considering the time differences

in different jurisdictions. This would enable adoptive parents to contact CARA as per

their convenience. The feasibility of the same shall be reviewed by CARA and shall be

submitted before this Court by way of a status report;

(iv) CARA shall also consider permitting advocates/lawyers to appear as authorized

representatives to coordinate and facilitate the various formalities that are required to be

undertaken;

(v) Mechanism to be created to enable biological or adoptive parents to appear even

virtually or be available telephonically, whenever CARA requires to contact them or

interact with them;

(vi) All communications with foreign authorities or District Magistrates or any other

parties made by CARA shall also be copied by an e-mail to the party concerned as also

their authorized representatives so that the procedure being followed and the progress of

the application is within their knowledge as well. This would also enable the parties

concerned to follow up with the concerned foreign authority or with the District

Magistrate for issuance of the certification

The development came while the Court was dealing with three cases relating to

international adoption of Indian children.

In all three cases, the children, as also their biological parents were in India but the

adoptive parents have settled abroad. The adoptions were carried out under the

provisions of HAMA. However, certain challenges were faced in movement of the

children abroad, including in obtaining passports and visas. The adoptive parents were

required to obtain a NOC from CARA.

The Court also appointed Advocate Atul Nagarajan as an Amicus Curiae to assist the

Court in the petitions.

The Court also directed CARA to submit a status report within two weeks mentioning the

details of the number of applications which are pending for inter-country adoption and

the time period for which they have been pending with CARA.

"Steps taken qua each of the applications and their respective status shall also be

placed before the Court. In the case of all inter-country adoption applications which

are pending, CARA shall inform the parties concerned about the 2021 Regulations

so that the said applications can also be processed towards issuance of NOCs," the

Court added.

While issuing notice to the Central Government, the Court also directed it to file a status

report in respect of the implementation of the 2021 Regulations.

Earlier, the Court had observed that CARA has been extremely callous in its approach

towards compliance of a judicial order, requiring the authority to frame guidelines for

inter-country adoptions under Hindu Adoptions & Maintenance Act (HAMA).

It further noted that the authority had been unnecessarily harassing the Petitioners, who

are adoptive parents and young minor children, by prolonging the process of grant of

NOC for adoption.

Background

In order to ensure the welfare of children in inter country adoptions and in view of CARA's

experience in such matters, the Court had directed CARA to act as the enabling body for

inter-country adoptions under HAMA.

Since there existed no procedure for the same, a shortened procedure that existed in

respect of adoptions which were effected prior to the coming into force of the JJ Act,

2015 could be followed for issuance of an NOC in case of inter country adoptions which

are already recognized under HAMA, the Court had said.

It was further opined that whenever any inter-country adoption takes place under HAMA

and a NOC was required for any purpose, including for issuance of a passport or VISA,

upon an application being filed before CARA, a special Committee would be appointed to

verify the particulars. Details of the special Committee constituted to deal with HAMA

adoptions was also directed to be specified in the report.

In view of the prevalent regime under the Hague Convention, though HAMA adoptions

are not governed by the JJ Act, 2015, the Court had held that there was a clear need to

create a mechanism to enable inter-country adoptions under HAMA.

Accordingly, the Court had directed CARA to verify the documents submitted by the

present petitioners and grant the same within a period of one month.