Inter-Country Adoptions: Delhi High Court Pulls Up CARA For Issuing Mere Support Letters Instead Of NOCs, Says Process Can't Be Made Onerous

Taking a grim view of the matter, the Delhi High Court has said that the issuance of no-objection certificates (NOCs) by Central Adoption Resource Authority (CARA) cannot be made onerous for those who opt for inter-country adoptions.

Justice Prathiba M Singh said that in terms of the modified Adoption Amendment Regulations, 2021, CARA is mandated to issue NOCs to Hague Adoption Convention ratified countries.

The court said that the “issuance of mere support letters is completely inexplicable, especially once the documentation is completed by the parties.”

Justice Singh has been dealing with a batch of petitions concerning the issues faced by people wishing to adopt children through inter-country adoptions.

“The Court notices in these cases that Petitioners and other Applicants for inter-country adoption are continuously facing one obstacle or the other to get their adoptions processed through CARA for issuance of NOCs. The Court takes a very grim view of the matter inasmuch as the issuance of NOCs cannot be made so onerous for persons who wish to adopt,” the court said.

It was brought to the court’s notice by Amicus Curiae Advocate Lavanya Regunathan Fischer that exorbitant expenses are being incurred by adoptive parents for obtaining Home Study Reports (HSRs) during inter-country adoption of children.

As CARA’s counsel submitted that an affidavit has been filed on the said aspect, the court directed the concerned Director or Joint Secretary in the Union Ministry of External Affairs to remain present in court on November 28, the next date of hearing.

The court also directed CARA’s CEO to remain present with the data on the total number of applications received for issuance of NOC under the Hindu Adoption and Maintenance Act, 1956, after its 2021 decision in the batch of petitions as well as the amendment of Adoption Regulations, 2017.

Title: JAGDISH SINGH SHARY v. CENTRAL ADOPTION RESOURCE AUTHORITY

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