CARA Must Secure Foreign Clearances For Inter-Country Adoption Before Issuing NOC: Delhi High Court

The Delhi High Court has held that the Central Adoption Resource Authority (CARA) is obligated to secure necessary foreign clearances in inter-country adoption cases and cannot discharge its duty by merely issuing a “support letter” instead of a No Objection Certificate (NOC).

The case arose from a petition filed by adoptive parents who had legally adopted a child under the Hindu Adoption and Maintenance Act, 1956 (HAMA) and subsequently sought to relocate the child to Canada. For this purpose, they approached CARA seeking issuance of an NOC, which is required to facilitate the child's entry and residence abroad in compliance with international adoption norms.

However, CARA declined to issue the NOC and instead provided a “support letter”, stating that the matter cannot be taken up by it as it is related to HAMA.

The Foreign Adoption Agency further informed the petitioners that in the absence of the requisite NOC from CARA, the petitioners' application could not be processed.

Justice Sachin Datta noted that the petitioners had already obtained the requisite verification report from the District Magistrate, and the only remaining step was compliance with the requirements of the Hague Convention through coordination with the receiving country.

The Court held that CARA's stand was misconceived as the Adoption Regulations, 2022 and the Adoption (Amendment) Regulations, 2021 clearly require CARA to facilitate inter-country relocation even in cases of valid HAMA adoptions.

“The language of Regulation 22B(2) read with Regulation 22E(1) of the 2021 Regulations clearly conveys the mandate that compliance with the provisions of Articles 5 and/or 17 of the Hague Convention is the responsibility of CARA, once the verification of documents (verification report) as per Schedule XXXIII is received. Further, Regulation 22B(3) requires CARA itself to procure the requisite certificate,” it said.

The Court added that upon receipt of the verified documents (supporting the adoption deed) as per the format provided in Schedule XXXV, it is incumbent upon CARA to pursue the matter further for the purpose of ensuring compliance with the provisions of Articles 5 and/or 17 of the Hague Convention.

The Court further held that CARA cannot leave adoptive parents “in the lurch” after completion of a lawful adoption by failing to carry the process forward.

“It is thus, untenable for CARA to abdicate its responsibility by issuing a mere support letter instead of pursuing the matter with the concerned authorities of the recipient State and issuing an NOC upon conclusion of such formalities. Equally untenable is the contention that the 2021 Regulations and / or the 2022 Regulations are inapplicable in respect of adoptions concluded under HAMA, 1956.”

It added, “The language of the afore-quoted Regulations leaves no manner of doubt that they clearly delineate and cast obligations on CARA in respect of adoptions already concluded under HAMA, 1956, prior to the commencement of 2021 Regulations. The Regulations expressly mandate that in such a situation, CARA “shall comply” with the provisions of Article 5 and/or 17 of the Hague Convention.”

Accordingly, the Court directed CARA to actively pursue the matter with the Canadian authorities, ensure compliance with the applicable international requirements, and issue the NOC upon completion of the process.

Appearance: Ms. Nandita Rao, Sr. Advocate along with Ms. Mrinalini Sen, Ms. Aditi Singh, Mr. Karan Mishra and Mr. Ankur Raghav, Advocates for Petitioners; Ms. Arunima Dwivedi, CGSC along with Mr. Akash Pathak, GP, Ms. Swati, Ms. Himanshi Singh and Ms. Monalisa Pradhan, Advocates for R-1 & R-2.

Case title: Gur Kaur Minor & Ors. v. Union Of India & Anr.

Case no.: W.P.(C) 16096/2024

Click here to read order