In-country adoptions totaled 11,391, with 1,486 inter-country adoptions during this period. Efforts to simplify adoption procedures, including the introduction of Adoption Regulations 2022 aligned with the Juvenile Justice Act, aimed to streamline the process
Highlights/ India/ NRI/ News NRIs can use
In a recent legal saga concerning the adoption of a child from Uganda by a non-resident Indian (NRI) couple, the Karnataka High Court’s decision has ignited discussions surrounding the adoption of foreign children by Indian passport holders. The case, which saw a single-judge bench presided by Justice M Nagaprasanna, ruled in favor of the couple, directing the Central Adoption Resource Authority (CARA) to consider issuing a no-objection certificate (NOC).
CARA, the nodal agency overseeing adoption cases in India, found itself at the center of the legal debate. The NRI couple, currently residing in Kenya, had adopted a boy while in Uganda and sought legal validation of the adoption in India. Their counsel argued that inter-country adoption is recognized under The Hague Convention, to which India is a signatory. Despite Uganda not being a signatory to the convention, the counsel contended that CARA regulations or the Juvenile Justice Act should not impede the adoption process.
Given the unprecedented nature of the case in Indian law, the counsel urged the court to address gaps in legislation. The State, represented by Deputy Solicitor General Shanti Bhushan, proposed issuing a support letter allowing entry and exit to India, with the possibility of later issuing an NOC if procedures were followed.
However, the bench highlighted the inadequacy of a support letter, emphasizing that it did not align with the Hague Convention principles. The court asserted that Indian citizens’ adopted children should not be left in legal limbo, stressing the need for official approval or NOC issuance, given India’s commitment to The Hague Convention.
The Karnataka High Court ruling and subsequent legislative disclosures highlight the evolving landscape of adoption laws in India, emphasizing the need for clarity and adherence to international conventions to ensure the welfare of adopted children and prospective parents alike
Additionally, recent parliamentary disclosures shed light on adoption trends in India. Minister of Women and Child Development, Smriti Irani, revealed significant changes in adoption figures over the past three years. In-country adoptions totaled 11,391, with 1,486 inter-country adoptions during this period. Efforts to simplify adoption procedures, including the introduction of Adoption Regulations 2022 aligned with the Juvenile Justice Act, aimed to streamline the process.
CARA’s initiatives, such as a 7-day adoption effort tailored for various categories of adoptive parents and the online portal CARINGS, underscored efforts to enhance transparency and efficiency in the adoption system. Despite these reforms, Minister Irani noted no formal complaints regarding adoption formalities, indicating progress toward a more accessible and efficient adoption framework.
The Karnataka High Court ruling and subsequent legislative disclosures highlight the evolving landscape of adoption laws in India, emphasizing the need for clarity and adherence to international conventions to ensure the welfare of adopted children and prospective parents alike.
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