Gujarat High Court Paves Way For Adoption, Immigration Of Minor Twins By Australia-Based Uncle After Mother's Demise
The Gujarat High Court recently paved way for the adoption and immigration process of twin children who had been adopted by their Australia-based uncle and his wife after the twins' mother had passed away.The Petitioners were facing difficulty as the State of Victoria, where they reside, was not accepting applications to adopt a child from India that are completed under the Hindu Adoptions...
The Gujarat High Court recently paved way for the adoption and immigration process of twin children who had been adopted by their Australia-based uncle and his wife after the twins' mother had passed away.
The Petitioners were facing difficulty as the State of Victoria, where they reside, was not accepting applications to adopt a child from India that are completed under the Hindu Adoptions and Maintenance Act, 1956 (HAMA).
The State had sought certain documentation from the petitioners to be issued by Indian authorities.
Justice Hemant M Prachchhak in his order noted that in the present case the, the twins were adopted prior to the actual execution of the deed but the deed was executed on 29.09.2022.
"...I am of the opinion that there can be no hurdle in the way of the respondents to consider the case of the petitioner. I direct respondent Nos. 1 and 2 to consider the case of the petitioner and issue the necessary certificates as required by the Australian authorities to fulfill and comply with the requirements. All the necessary documentary evidences were already furnished by the petitioner before respondent Nos. 1 and 2. However, in case any of difficulty, the petitioners may again supply the necessary documentary evidences within a period of one week from today and on receipt of the said application, respondent Nos. 1 and 2 shall consider the case of the petitioner herein having regard to the relevant provisions of the Regulations 2022 and in accordance with law bearing in mind the facts that the adoption took place on 29.09.2022 and the children were born on 22.02.2022".
The court said that in case petitioners face any difficulty, they can remain present before the Registrar through it's legal representatives, to make necessary submissions before the authority and after considering the same the entire exercise shall be completed by respondent No.1 Central Adoption Resource Agency (CARA) and respondent no. 2 Gandhinagar District Magistrate within 4 weeks from the date of petitioner's hearing.
"The respondent No. 1 shall issue Support Letter in the particular format as prescribed. On such Support Letter being issued, the petitioner shall take steps for the purpose of immigration recognition and registration of the children who have been adopted by the necessary order in that regard before this Court. The said No Objection Certifi cate shall be in the format as observed by the Hon'ble Apex Court in the case of Prema Gopal (supra) and the authority is directed to issue the certi cate in that manner only as required," the court directed.
The court was hearing a couple's plea seeking a direction to Central Adoption Resource Agency (CARA) to register the Petitioners' concluded adoption under Hindu Adoption and Maintenance Act (HAMA) ex post facto under Adoption Regulations. The plea sought a direction to CARA to open the inter-country file on the basis of the registered adoption deed and Indian identity documents, to process and issue the No-Objection Certificate, and as applicable the Conformity Certificate under Article 23 of the Hague Convention or a Support Letter in the non-Hague route.
It further sought a direction to Respondent No. 2 (District Magistrate, Gandhinagar) to conduct the inquiry on the registered HAMA adoption deed and to issue a verification/adoption order and certificate in the prescribed format, recording validity under Hindu Adoption and Maintenance Act, 1956 in the best interests of the minors.
In the interim it sought a direction to CARA to issue an interim endorsement/letter acknowledging the concluded HAMA adoption and the status of the Petitioners as parents as per Indian records, to be placed before the Australian authorities, without prejudice to the final NOC/Support-Conformity issuance.
As per the plea, the petitioner's sister passed away one day after delivering her twin daughters in 2022. The biological father of the twins decided to hand over the minor twins to the present petitioner who was ready and willing to adopt both the daughters and the petitioner had lawfully accepted both the children by way of executing adoption deed.
The necessary entry was also mutated in the record that the petitioners are now the adoptive parents of both the minor girls and on 29.09.2022, the adoption deed was executed which was registered before the Sub-Registrar, Gandhinagar. On the basis of the adoption deed, the birth certificate of the minors were issued, the name of the parents was corrected and the new certi ficate was issued showing the name of the present petitioners as the parents of the minors on the basis of the adoption.
As the adoptive parents are immigrants and residing in the State of Victoria, Australia, the Australian authorities have asked for the veri fication/adoption order and certifi cate from the District Magistrate based on the registered adoption documents registered under the Hindu Adoption and Maintenance Act, a No Objection Certi ficate and Support/Conformity Certi ficate from CARA as per the requirements of the Australian government.
The petitioner submitted a detailed representation on 11.09.2025 to CARA with all the necessary documents seeking registration and ex post facto recognition under Chapter IV-A (as inserted by the government noti fication published in Gazette on 17.09.2021), CARA's NOC and Support/Conformity Certi ficate, and District Magistrate's veri fication/adoption order and certi ficates.
All the relevant necessary documentary evidences were produced along with the application seeking certi cates from the authority and on the basis of that application, CARA informed that the process has to be initiated from the receiving country through it's programme/portal. The petitioners stated that in absence of timely action by respondents the children's immigration processing is held up. The petitioners thus moved the high court.
The petition was partly allowed.
Case title: AKSHAY PITAMBER SARVAKAR & ANR. v/s CENTRAL ADOPTION RESOURCE AUTHORITY & ORS.
R/SPECIAL CIVIL APPLICATION NO. 15710 of 2025