'Adoption Deed Relates Back To Adoption', Supreme Court Expresses Prima Facie View; Asks To Consider Application For Inter-Country Adoption

The Supreme Court on January 29 passed an interim order in a petition seeking the inter-country adoption of two twin children by a 49-year-old single unmarried woman, who is a citizen of the United Kingdom. The woman adopted the children of her brother after his wife died in an accident. In this case, the issue raised was that although the woman adopted the two twins on January 9, 2020, and performed Hindu religious ceremonies for the formal adoption as per the Hindu Adoptions and Maintenance Act, 1956 (HAMA), the Deed of Adoption was only registered on September 19, 2022. An SLP was filed against the Madras High Court's order dated April 17, 2024, whereby the High Court held the petitioner has to secure a sponsorship letter from the authorities in the United Kingdom on the production of which the Indian authorities will issue a No Objection Certificate to take the children to the United Kingdom. In the absence of this, the writ petition was dismissed. The petitioner's case was that she was unable to get the No objection certificate from the Central Adoption Resource Authority (CARA) because although the adoption took place in 2020, the Deed of Adoption was only registered in 2022. It was argued that the Deed of Adoption will relate to the date of adoption and therefore, Regulation 67 of the Adoption Regulations, 2022, which is to be followed if the parents desire to relocate the adopted children abroad, has to be read in that context. Regulation 67 relates to the procedure in the case of a registered adoption deed. It says if the adoption under the HAMA has taken place before the commencement of the Adoption (Amendment) Regulations, 2021, the requisite documents supporting the facts of the adoption deed shall be duly verified and recommended by the District Magistrate. On the receipt of it, the CARA shall comply with the procedural formalities and shall issue No Objection Certificate as required for inter-country adoption.A bench of Justices B.V. Nagarathna and Satish Chandra Sharma prima facie agreed with the arguments put forth by the petitioner."We are prima facie of the view that the learned counsel for the petitioner is right in his submissions." The bench directed: "In the circumstances, we direct respondent no.3/Collector and respondent no.2 to entertain the application to be filed by the petitioner herein with all supporting documents, within a period of one week of from today. On receipt of the said application, respondent nos.3 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 fact that the adoption took place on 09.01.2020.The petitioner was represented by Advocate Anil Malhotra and Ankit Malhotra Case Details: PREMA GOPAL v. CENTRAL ADOPTION RESOURCE AUTHORITY & ORS|Special Leave to Appeal (C) No(s). 14886/2024Click Here To Read Order

'Adoption Deed Relates Back To Adoption', Supreme Court Expresses Prima Facie View; Asks To Consider Application For Inter-Country Adoption

Gursimran Kaur Bakshi

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