Delhi High Court Issues Notice To CARA On OCI Couple's Plea Seeking Parity With Domestic/ NRI Couples For Child Adoption

The Delhi High Court has issued notice on a writ petition filed by an OCI couple, stating that despite having registered with CARA for adoption of a child in 2018, they have not received any referral till date; whereas applicants who registered subsequently have already received referrals.

The Petitioners apprehend that CARA (Central Adoption Resource Authority) is not following seniority wait-list and people are getting adoptions out of turn.

Accordingly, Justice Rekha Palli has issued notice to CARA, asking it to file its reply in the matter within two weeks. The matter is posted for hearing on October 18.

The Petitioners submitted that they are Overseas Citizens of India (OCI) Cardholders and have been residing in New-Delhi for the last four years. They had registered for adoption of a child in March 2018 and their seniority in the wait-list is with effect from May 2018. However, they have not received a referral despite lapse of considerable time.

Meanwhile, the plea avers, that domestic/ NRI prospective adoptive parents (PAPs) are being given preference. Therefore, they have sought a direction to the Respondents to take necessary steps under the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations, 2017, including, inter alia, referring a child legally free for adoption to the Petitioners and treating them at par with NRI PAPs.

"In terms of Central Government notifications issued under Section 7B(1) of the Citizenship Act, 1955 OCIS are to be treated at par with NRI PAPs in the matter of inter-country adoption of an Indian child. Concomitantly, under Regulation 14 of the Adoption Regulations, 2017, NRI PAPs are to be treated at par with resident Indian PAPS in terms of priority for adoption of Indian orphan, abandoned or surrendered children. Thus, from a combined reading of Regulation 14 and the aforementioned Notifications, it emerges that OCIS, Non-Resident Indians and resident Indian parents are to be treated at par in so far as priority/seniority for adoption of Indian children is concerned," the plea states.

It adds that from publicly available data, there appears to have been a sharp reduction in the number of children given in "inter-country" adoption over the last two years, indicating a change in policy / treatment of PAPs that are in this category.

The petition is filed though Advocate Abhey Narula.

Case Title: Shubha Chakravarty & Anr. v. Union of India & Ors.