Delhi HC Orders CARA to Issue NOC for Adopted Child's Move to Canada

A single-judge Bench of Justice Sachin Datta passed the order while hearing a plea filed by adoptive parents seeking directions to CARA to issue an NOC in respect of their minor daughter, who had been adopted under the Hindu Adoptions and Maintenance Act, 1956 (HAMA).

The petitioners had challenged CARA's refusal to issue the NOC and its decision to instead issue a "support letter", which resulted in the rejection of the child's relocation application on the CARA portal, thereby stalling the process before Canadian authorities.

In its judgment, the Delhi High Court held that CARA is duty-bound to facilitate compliance with the requirements of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption once the prescribed verification process is completed.

The minor child, born in 2018, was adopted by the petitioners in 2019 in accordance with Sikh customs, with a formal adoption deed executed in February 2021, prior to the coming into force of the Adoption (Amendment) Regulations, 2021.

The adoptive parents had subsequently initiated the process for relocating the child to Canada through a recognised foreign adoption agency. Pursuant to the applicable regulations, a verification report was furnished by the Ferozepur District Magistrate in April 2022.

However, instead of issuing an NOC, CARA issued a "support letter" and later reflected the relocation application as rejected on its portal, stating that the matter pertained to an adoption under HAMA.

Rejecting CARA's stand, the Delhi High Court observed that the regulatory framework clearly covers cases where adoptions under HAMA were completed prior to the 2021 Regulations and provides a specific mechanism for such situations. "The language of the Regulations leaves no manner of doubt that they clearly delineate and cast obligations on CARA in respect of adoptions already concluded under HAMA," Justice Datta said.

The judge held that once the verification report is furnished, it is incumbent upon CARA to ensure compliance with Articles 5 and 17 of the Hague Convention and proceed to issue an NOC.

Terming CARA's approach untenable, the Delhi High Court said, "It is wholly contrary to the purport of the express language of the Regulations to leave prospective parents in the lurch," merely by issuing a support letter instead of completing the statutory process.

It also clarified that CARA cannot evade its responsibilities by claiming lack of jurisdiction over HAMA adoptions, observing that the applicable regulations expressly govern such cases involving inter-country relocation.

"It is thus untenable for CARA to abdicate its responsibility by issuing a mere support letter instead of pursuing the matter with the concerned authorities of the recipient State," Justice Datta said.

Noting that the welfare of the child is paramount, the Delhi High Court stressed on the need for coordination between Indian and foreign authorities under the Hague Convention framework. It directed CARA to liaise with Canadian authorities and clearly convey that there was no dispute regarding the validity of the adoption.

"CARA is under obligation to pursue the matter with the Canadian authorities so as to ensure that all the regulatory requirements in the receiving State are complied with," the order said.

The Delhi High Court further directed that upon completion of the required formalities under the Hague Convention, CARA shall issue the NOC to the petitioners.

- IANS