Will Consider Permitting Advocates To Appear As 'Authorized Representatives' To Facilitate Formalities In Inter-Country Adoptions: CARA Tells Delhi HC

The Central Adoption Resource Authority (CARA) has informed the Delhi High Court that it shall consider permitting advocates to appear as 'authorized representatives' to coordinate and facilitate various formalities that are required to be undertaken in the process of inter-country adoptions.

It also said that if virtual meetings are required by either biological or adoptive parents, the same shall be arranged.

The Authority also informed the Court that a database has been created of all SDMs/District Magistrates, State Adoption Resource Agencies and District Child Protection Unit who will need to be contacted for the purpose of verification and issuance of certificates regarding inter country adoptions. 

This comes after Justice Pratibha M. Singh last month directed CARA to consider implementing certain steps for providing assistance and enable ease of obtaining NOCs and certifications for inter-country adoptions.

During the course of hearing on Monday, CARA reported the steps taken by it in compliance of Court suggestions. It informed the Court that the said database was created and publication of the same was done on it's website.

Noting that in respect of some of the states, only the mobile number of the concerned officer was mentioned, the Court said that CARA may obtain the landline numbers of the officers and update the same. It also said that the database may be given some publicity in relevant media including on the Home page of website, at the DMs/SDM offices, offices of various NGOs dealing with adoption etc.

CARA also told the Court that it has created a help desk which shall be available both physically and virtually, having a 24-hours helpline, considering the time differences in different jurisdictions.

According to CARA, this helpline would enable adoptive parents to contact it as per their convenience, feasibility of which shall be reviewed by CARA.

Since the said helpline number was continuously busy after the Court Master tried calling it, the Court asked CARA to look into the matter and file a status report concerning improvements in this regard.

"It is also submitted by CARA that a new grievance handling system would be operational soon. Accordingly, let the status report be placed on record on the next date as to what is the status and implementation of the same," the Court said.

The Court was further informed that all the communications with foreign authorities or District Magistrates or any other parties made by CARA shall be copied by an e-mail to the party concerned and their authorized representatives so that the procedure being followed and the progress of the application is within their knowledge as well.

"In addition, considering the submissions made today, it is directed that the Indian Consulate/High Commission in the concerned country be also marked copies of the emails, as some of the countries' central agencies request for translated copies of the communications sent by CARA. In case such requests are received, in order to facilitate the issuance of any translation or establishing contact with the central agencies of the foreign country in the local language, marking of emails to the concerned Indian Consulate would enable parties to seek the assistance of the said Consulate," the Court said.

It added that if any assistance is sought, the officials in the concerned Indian Consulate or High Commission shall render all necessary help and assistance to the concerned parties.

Regarding the pendency of inter-country adoptions cases before CARA, the Court was apprised that there were a total of 28 pending cases.

"CARA would proceed as per the new guidelines and the 2021 Adoption Regulations, in all these matters and an updated status report shall be filed before the next date," the Court ordered.

Further noting that since the adoptions under the Hindu Adoptions and Maintenance Act, 1956, are being processed under the 2021 Adoption Regulations, the Court ordered that CARA may prepare a home study report with the help of the District Child Protection Officer and also the adoptive or biological parents in order to enable the submission to the concerned central agency in the appropriate country.

While seeking an updated status report to be filed at least one week, before the next date of hearing, the Court listed the matter next for February 17, 2022.

The development came while the Court was dealing with three cases relating to international adoption of Indian children. 

In all three cases, the children, as also their biological parents were in India but the adoptive parents have settled abroad. The adoptions were carried out under the provisions of HAMA. However, certain challenges were faced in movement of the children abroad, including in obtaining passports and visas. The adoptive parents were required to obtain a NOC from CARA.

The Court also appointed Advocate Atul Nagarajan as an Amicus Curiae to assist the Court in the petitions.

Case Title: RAJWINDER KAUR & ANR v. CENTRAL ADOPTION RESOURCE AUTHORITY

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