Inter-Country Adoptions: Delhi High Court Directs Presence Of CARA's CEO Over Failure To File Response

The Delhi High Court has sought for the presence of CEO of Central Adoption Resource Authority (CARA) over the authority's failure to file a timely response in a bunch of petitions concerning inter-country adoptions.

The development came after Justice Pratibha M Singh in February this year sought response of CARA on the framework for facilitating adoptions in case of children who have been orphaned during the COVID-19 pandemic.

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

On 23rd May, while Centre's counsel had sought time to take instructions and file a fresh and updated status report as per its February order, the same was not filed and counsel representing the authority did not appear.

"The exact position, insofar as some of the Petitioners are concerned, is also not yet clear to the Court," the Court said in the recent hearing on July 25.

It added "The above was also captured in the order dated 23rd May, 2022 wherein a status report was called for. However, no status report has been filed and neither anyone has appeared for CARA. Accordingly, it is deemed appropriate to direct the presence of Ms. Tripti Gurha, CEO of CARA before this Court, on the next date of hearing."

The Court was informed by Amicus Curiae that the toll free number functioning as a helpline is answered by the officials of CARA. However, it was added that the said officials were not fully trained to answer queries and provide guidance as to the exact procedure to be followed.

The Court then posted the matter for hearing on September 8.

Previously, the amicus curiae highlighted an issue relating to adoption of children who have been orphaned during the COVID- 19 pandemic, especially in respect of international adoptions in case of children whose relatives wish to adopt them.

Earlier, the CARA had informed the 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.

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

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