HC Seeks Clarification from Centre on NOC for Inter-Country Adoption Relocation
Punjab & Haryana HC Seeks Clarification from Centre on NOC for Inter-Country Adoption Relocation
Chandigarh: In a case highlighting the complex legal hurdles of international adoption, the Punjab and Haryana High Court has asked the Centre to clarify the No-Objection Certificate (NOC) for inter-country adoption relocation. The move came after Australian authorities sought an NOC from the Central Adoption Resource Authority (CARA) before allowing the children to move abroad.
Justice Jagmohan Bansal passed the orders while hearing a petition filed by Manisha Saini, a 42-year-old Indian citizen residing in Gold Coast, Queensland (Australia), seeking the relocation of her two minor nieces, one aged 17 years and the other 13 years. She approached the court seeking directions to the authorities to issue an NOC-cum-support letter required for inter-country relocation adoption.
Case Background
The certificate is essential for the nieces to obtain Australian visas and join their adoptive mother. Manisha's sister, Sushma, died in September 2016. Following Manisha's divorce in 2020 and the death of her mother in 2022, a unanimous family decision was made for her to adopt the girls.
The adoption was formalised through a traditional ceremony in Kurukshetra on November 22, 2023, and a subsequent Registered Adoption Deed under the Hindu Adoptions and Maintenance Act (HAMA), 1956.
Despite having valid Indian passports and Aadhaar cards that recognise Manisha as their mother, the children remain in India. The Australian Department of Home Affairs requires an NOC from CARA to process their immigration.
Key Legal and Procedural Issues
CARA's Response: According to the petition, CARA maintained a "studied silence" on the application filed in December 2025.
The Core Conflict: The central issue appears to be a procedural requirement for ‘Article 5 and 17' certificates under the Hague Adoption Convention. However, the petitioner's counsel, senior advocate Vikas Chatrath, argued that the Australian government does not issue such documents for "expatriate adoptions" performed under personal laws, like HAMA.
Urgency of Relocation: The senior counsel further submitted the urgent need for relocation, citing concerns over the children's health and safety. The children are currently living without a permanent guardian in India, as their biological father remarried.
Accommodation Concerns: It was further stated that the academic year is coming to an end in March 2026, after which they will have no institutional accommodation or place to reside. The High Court was informed that the children's "education, health, safety, and overall welfare" depend on their timely move to Australia.
Current Status
The main issue before the High Court for adjudication was whether CARA is obligated to issue the NOC based on the registered adoption deed.
During the hearing, counsel representing the Union of India requested time to obtain instructions on the matter. The court granted the request and adjourned the case to March 30 for further proceedings.