Adoption authority gets HC notice on plea
Hindu couple seek no-objection certificate to adopt child born to Christian parents
The Delhi High Court has issued notice to the Central Adoption Resource Authority (CARA) on a plea by a Hindu couple, living in the U.S., seeking a no-objection certificate (NOC) to adopt a child born to Christian parents.
“The present petition raises an issue of enormous importance as it relates to a legal vacuum in respect of adoptions carried out prior to the coming into force of the Juvenile Justice [Care and Protection of children] Model Rules, 2016... in respect of a child born to Christian parents, as in the present case,” Justice Prathiba M. Singh remarked in a March 15 order.
As per the couple, they adopted a minor child, who was born on December 11, 2014, from Ferozepur, Punjab. The biological parents of the child got the legal formalities done for completion of adoption of the child with them by preparing an adoption deed which was signed and executed between the biological and the adoptive parents of the child.
The adoption deed was duly witnessed by the village sarpanch as well as the relative – social worker and was also registered on December 18, 2014 under the provisions of the Hindu Adoptions and Maintenance Act (HAMA), 1956, the couple said.
Passport issue
As the couple are U.S. citizens and their parents resides in Kerala, the child has since the adoption been living in Kerala with grandparents. The couple said they have been unable to obtain a passport for the child till date.
Now the child herself is aged more than six and the couple claim that they are visiting her regularly, on an annual basis, and are also in touch with her through electronic platforms
In the meantime, the couple took various steps for seeking a declaration of parenthood, including the filing of a civil suit before a Court in Ferozepur. However, the Court refused to grant the declaration on the ground that the Hindu Adoptions and Maintenance Act, 1956, does not apply to Christians.
The couple contended that in order to obtain a passport for the child, they approached CARA in October 2016 to get an NOC. However, CARA rejected the application and in addition initiated action against them, the relative who helped in the adoption, and also the grand parents of the adopted child.
They argued the mere fact that the adoption deed was registered under HAMA, ought not to be used to invalidate legality of the adoption, as the child is happily living with the grandparents and is in complete protection and care of the adoptive parents.
“The welfare of the child is paramount in such cases and the validity of the rejection of the NOC by CARA is to be examined by the Court,” Justice Singh said while posting the case for further hearing on April 22.
“No coercive measures shall be taken pursuant to the letter dated March 2, 2020, against the petitioners, the child, their relatives, or any person who facilitated the adoption...,” the court said.
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