Unauthorised Third Parties Granted Access To Child By Adoption Agency In UP, Delhi HC Asks CARA To Submit Report

The Delhi High Court has restrained an orphanage in Uttar Pradesh from granting unauthorised access of a child, who was matched for inter-country adoption, to third parties after noting that such access may compromise the identity and privacy rights of the minor.

Justice Yashwant Varma however said that such restraint shall not be construed as depriving the child to participate in group activities which may be organised or held in the orphanage under the supervision of caregivers.

"CARA shall instruct the adoption agency to proceed in accordance with the aforesaid directions," said the court.

The court was dealing with a plea filed by a foreign couple who had been granted a no objection certificate by Central Adoption Resource Authority (CARA) for adoption of the child. The adopting parents are citizens of Malta.

The child was in an orphanage situated in Uttar Pradesh's Bareilly for a period of over two years before she was matched for adoption.

However, before the adoption could be finalised, a letter was issued by the orphanage - the adoption agency, to the couple on August 10 informing them that an instruction has come from the CARA to withdraw the pending adoption petition, in respect of the child's adoption, before the district court.

The proposed adoption was stated to be under investigation after a complaint was raised by National Commission for Protection of Child Rights (NCPCR) alleging that the adoption was illegal as it violated the priority principle, which grants preference to Indian parents over foreign parents.

Seeking quashing of the said letter, the plea states that interruption in the adoption by CARA on the basis of a complaint or investigation or interest by an Indian couple in adopting the child is prima facie illegal.

The plea also seeks direction for CARA to issue a communication to the adoption agency to complete the legal formalities pertaining to the adoption by the petitioner couple.

During the hearing on October 17, the couple had moved an urgent application highlighting certain incidents that have recently taken place in the orphanage.

Perusing the material brought on record, the court prima facie opined that unauthorised third parties had been granted access to the child. It also noted that child's photographs were taken and posted on social media platforms by third parties.

Accordingly, the court directed CARA to depute a team of responsible officials to inspect the adoption agency and submit a report regarding the child's welfare.

The court also directed CARA and NCPCR to file their responses to the plea on or before November 11, the next date of hearing.

In the plea filed through Advocates Tara Narula, Maanac Kumar, Sonal Chopra and S. Debabrata Reddy, it has been submitted that the petitioner couple had followed the legal procedure prescribed under the Juvenile Justice Act and the Adoption Regulations for inter-country adoption by a foreigner and were accordingly found eligible for adoption.

"The child was referred and the NOC was issued in favour of the Petitioners only after complying with the requirements prescribed under Section 59 of JJ Act and the Adoption Regulations, 2017, which detail the procedure for inter-country adoption as well as lays down the fundamental principles governing adoption," the plea adds.

Contending that every child has a right to family and to be reared in individual care rather than institutional care, the plea submits that the impugned letter had grossly delayed the adoption which is against the best interest of the child.

Title: Michelle Camilleri & Anr. v. Central Adoption Resource Authority & Ors.

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