Inter-Country Adoptions | Delhi High Court Grants Relief To OCI Couple, Directs CARA To Issue NOC For Child's Adoption
The Delhi High Court has directed the Central Adoption Resource Authority (CARA) to issue a No Objection Certificate (NOC) in respect of the adoption of a minor child by an Overseas Citizen of India (OCI) couple residing in Australia. [2026 LiveLaw (Del) 610]
CARA had refused NOC to the couple on the ground that Regulation 68 of the Adoption Regulations, 2022 which deals with procedure for inter-country Adoptions was not followed. CARA said the couple could not produce a sponsorship letter from the Australian authorities.
Justice Sachin Datta however observed that the case was covered by a recent decision of the Bombay High Court concerning 'expatriate adoptions' under the Hindu Adoptions and Maintenance Act, 1956 (HAMA).
In Mangesh Bhaskarrao Manwatkar & Ors. vs. Union of India & Ors. (2025), the Bombay High Court had held that while Regulation 68 ordinarily governs inter-country adoptions, peculiar circumstances such as adoptions within close relatives under HAMA or adoptions classified as expatriate adoptions by the Australian authority, necessitate recourse to Regulation 69.
Regulation 69 outlines the procedure for an adoption that has already been concluded under HAMA.
In the present case, the minor child represented through her adoptive parents, had challenged CARA's refusal to issue an NOC and a Conformity Certificate for her adoption.
Petitioners argued that compliance with Regulation 68 was impossible because Australian authorities do not process adoptions concluded under HAMA, categorising them instead as "expatriate adoptions".
The High Court observed that the Australian Department of Home Affairs required a support letter or NOC from CARA to facilitate the child's immigration process.
Accordingly, the Court directed CARA to issue the requisite NOC after the concerned District Magistrate conducts the inquiry contemplated under Regulation 69.
Appearance: Ms. Arundhati Katju, Sr. Adv., Mr. Dhanur Dhar Singh, Ms. Jaispriya Poply, Advs. for Petitioner; Dr. Monika Arora, CGSC, Mr. Subhrodeep Saha, Ms. Anamika Thakur and Mr. Abhinav Verma, Advs. for CARA.
Case title: Ms.Karnika Khandelwal, Represented By Abhinav Khandelwal And Hema Pandey v. UoI
Citation: 2026 LiveLaw (Del) 610
Case no.: W.P.(C) 13156/2025