Inter-Country Relative Adoption | Country Of Adoptive Child's Father Must Communicate To CARA For Issuance Of NOC: Karnataka High Court

The Karnataka High Court has directed a couple seeking intercountry relative adoption to petition the receiving country i.e Germany, where the father of the adopted child resides for communication to the Central Adoption Resource Authority (CARA) for issuance of a No Objection Certificate and Conformity Certificate to take the child out of India.

A single judge bench of Justice M Nagaprasanna said “If what is sought by the petitioners is granted it would run counter to the established procedure. Therefore, the inter-country adoption should necessarily be in tune with the procedure.”

The couple had approached the court seeking a direction on the respondents to consider their representation dated 20-06-2023 made for issuance of a No Objection Certificate ('NOC') and Conformity Certificate in favor of their adopted child in terms of Adoption Regulations, 2022 for intercountry Relative Adoption.

It was argued that upon registration of the adoption deed, the petitioners sought the issuance of an NOC and a conformity certificate in favor of the adoption of the child by presenting it before the District Child Protection Unit.

The District Child Protection Unit did not consider the request and had not issued an NOC as also a conformity certificate of adoption, it was argued.

The respondents opposed the plea stating that inter-country adoption was a product of the Hague Convention on Protection of Children and it would require the petitioners to go before the country in which the father resides, communicate a mail to the Indian counterpart under the adoption regulations and within 10 days a certificate and NOC would be issued in this country.

Further, it was submitted that the petitioners cannot claim a right for violation of the procedure quoting any of the instances of hardship, as the process will have to meet the Regulations.

The bench noted that several countries, including India, participated in the said Hague convention. The convention was to recognize that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding, it stated.

It also noted that the convention further recognized that intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin.

Further, it noted that under the Hague Convention, certain regulations are promulgated by the Government of India by a notification issued on 23-09-2022 in the exercise of powers conferred under clause (c) of Section 68 read with clause (3) of Section 2 of the Juvenile Justice (Care and protection of Children) Act, 2015.

Under these regulations, it noted that a No Objection Certificate would be needed to be issued by the Authority for permitting the child to be placed in adoption with a foreign or Overseas Citizen of India Cardholder or even a non-resident Indian prospective adoptive parents. 

The court said “The procedure that is stipulated under the Regulations has a purpose for such stipulation which cannot be given a go bye for the sake of the case of the petitioners.”

Following this it disposed of the petition holding that the petitioners needed to approach authorities in Germany under the Hague Convention seeking a communication to India for issuance of an NOC and Conformity certificate.

On receipt of the said communication from the aforesaid authority of Germany, the appropriate authority – the CARA, without brooking any delay, issue a no objection certificate and a conformity certificate, it concluded.

Appearance: Advocate Rohan S for Petitioners

Deputy Solicitor General of India, H. Shanthi Bhushan, for Respondent.

Citation No: 2024 LiveLaw (Kar) 43

Case Title: ABC AND Union of India

Case No: WRIT PETITION No.16681 OF 2023

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