Will Consider Permitting Advocates To Appear As 'Authorized Representatives' To Facilitate Formalities In Inter-Country Adoption
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.