High Court reunites child with prospective parents
High Court reunites child with prospective parents
CARA had rejected adoption application after parents got US citizenship
The High Court of Karnataka has directed the Central Adoption and Resources Agency (CARA) to treat a couple who sought to adopt a girl child as ‘In Country’ (Indian) parents rather than ‘Intra Country’ parents. They had obtained US citizenship after applying for adoption and CARA subsequently rejected the couple’s application. The HC has, however, said that this case due to its “peculiar circumstances” will not be a precedent for similar cases.
The husband is an IIT graduate while the wife is a graduate from an IIM. They have worked in many MNCs and had worked in the USA for a while. Married in 2006, they have been residents of Bengaluru since 2016. They made an application for adoption in 2016.
They applied for adoption through the Central Adoption Resource Information and Guidance System (CARINGS) and were registered a Prospective Adoptive Parents (PAPs) in 2016. They were eligible for ‘in-country’ adoption at the time. But the husband obtained US citizenship shortly and it was intimated to CARA through a declaration. As per CARA’s direction, a new application was filed in 2017.
On January 1, 2018, they were informed of a baby girl born in September 2017 being available for adoption. The couple accepted the referral for adopting this child a day later. The couple met the child, whom they immediately bonded with. All this was based on the first application of 2016. But subsequently, CARA communicated that they will have to wait for a fresh referral for adoption as their status was that of ‘Intra Country’ because of their US citizenship. They sought to be treated as In Country parents, but CARA rejected the application in March. Following this, they approached the High Court.
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The HC ruled in favour of the couple but said it will not be a precedent for other cases. It said, “In the peculiar circumstances of the case, this Court is of the considered view that petitioners would be entitled to prosecute their claim for adoption pursuant to their first application. However, it is made clear that this cannot be construed as a precedent in the peculiar circumstance,” the court said.
The court explained that though they had applied as ‘In Country Prospective Adoptive Parents’, “only on account of subsequent event which has taken place, which was not in their control or in other words, beyond their control, had changed their status and as such, it cannot be held or construed that their claim under the first application had got extinguished or they were required to pursue their application as Inter Country PAPs, which came to be submitted by them in their anxiety to seek for the adoption of the baby which was already shown to them and bondage having also been established between petitioners and the child.” CARA was directed to consider the couple’s request for adoption based on their 2016 application.
Poetry in Justice
Justice Aravind Kumar started his judgement quoting Chilean poet-diplomat Gabriela Mistral’s poem ‘My Name is Today’
We are guilty of many errors and many faults,
But our worst crime is abandoning the children;
Neglecting the fountain of life.
Many things we need can wait,
But the child cannot.
Right now is the time;
His bones are being formed,
His blood is being made,
His senses are being developed.
To him, we cannot answer, “Tomorrow”,
His name is “Today”.
.