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Streamline and simplify the procedure for Adoption, Delhi HC [Read Order]

Ashok KM
21 July 2016 4:07 AM GMT
Streamline and simplify the procedure for Adoption, Delhi HC [Read Order]
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Delay in adoption means that the minor has to live with uncertainty and insecurity, the Court observed.

In a recent judgment, the Delhi High Court has directed Central Adoption Resource Authority (CARA) to streamline and simplify the procedure for adoption under the Juvenile Justice (Care and Protection of Children) Act, 2015. Justice Manmohan has issued following suggestions:

  • CARA should ensure that the applications for approval/NOC are processed in a child friendly manner and that too, in astrict time frame. After all, incorporation of safeguards should not lead to harassment and delay.

  • CARA should consider the option of appointing a panel of Psychologists, Lawyers as well as NGOs in all the States so that the Child Study Report and Home Study Reports in the case of domestic adoptions, if applicable, in India are prepared scientifically in a time bound manner. The local police as well as Anti-Trafficking Unit of the Ministry of Home Affairs should be asked to give their response to the Adoption application within a strict time frame. If response is not received from statutory/government authority within the time-frame prescribed, it should be presumed that said authority has no objection to the adoption.

The Court also observed that, though there is some ambiguity as to whether the Juvenile Justice Act of 2015 applies to inter-country direct adoptions, yet it is of the opinion that the scope of Section 60 of the Act should be expanded to cover all forms of inter-country direct adoptions. This interpretation would advance the best interest of the child whose family wishes to give him/her in adoption and also ensure that the sanctity of the adoption process is respected and the best interest of the child is scrupulously safeguarded, the Court observed.

These observations were made in a Writ petition filed by Canadians seeking a direction to theCARA to grant a 'No Objection Certificate' (NOC) to the her for taking her adopted child namelyto Canada. The petitioners stated that even after nine years of adoption CARA has not issued NOC, while the CARA contended that since only some of the documents were furnished by the petitioner, her request was not considered by NOC Committee.

The court has directed CARA to grant an NOC to the petitioner for taking her adopted child to Canada within two weeks. Ministry of External Affairs/Regional Passport Officer is also directed to issue her a passport within two weeks.

Read the order here.

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