Regulation 69 to Govern Adoption Process, Prioritizing Child Welfare Amidst Legal Complexities
In a significant ruling, the Delhi High Court has directed the Central Adoption Resource Authority (CARA) to issue a No Objection Certificate (NOC) for the adoption of a minor child under the Hindu Adoption and Maintenance Act, 1956 (HAMA). The case, involving Ms. Karnika Khandelwal, adopted by her Overseas Citizen of India (OCI) parents residing in Australia, underscores the complexities of expatriate adoptions under Indian law.
Presiding over the matter, Justice Sachin Datta addressed the refusal of CARA to issue the necessary NOC due to the lack of a sponsoring letter from Australian authorities. The Australian government classifies such adoptions as 'expatriate adoptions' and does not issue NOCs, making compliance with Regulation 68 of the Adoption Regulations, 2022, unfeasible.
The adoption of Karnika Khandelwal, executed under HAMA, had been classified as an expatriate adoption by Australian authorities. The adoptive parents, Mr. Abhinav Khandelwal and Ms. Hema Pandey, faced hurdles as Australian law does not process adoptions from India executed under HAMA, 1956. The Australian Department of Home Affairs limits its involvement to determining immigration criteria for the child.
Citing precedents from the Bombay High Court and Gujarat High Court, the Delhi High Court emphasized the applicability of Regulation 69 in such peculiar cases. The court referenced the Bombay High Court's judgment in Mangesh Bhaskarrao Manwatkar & Ors. vs. Union of India & Ors., which recognized the need for Regulation 69 where expatriate adoptions are involved and Regulation 68 cannot be enforced due to the receiving country's policies.
The Delhi High Court ordered the District Magistrate to conduct an inquiry and issue a verification certificate. CARA is mandated to issue the NOC upon receipt of this certificate, expediting the process to prioritize the welfare of the minor child.
This decision marks a crucial step in addressing the legal challenges faced by expatriate adoptions under HAMA, ensuring that procedural hurdles do not impede the welfare and future of adopted children. The court's directive underscores the importance of adapting legal frameworks to accommodate unique adoption scenarios, particularly those involving international jurisdictions.
Bottom line:-
Adoption under Hindu Adoption and Maintenance Act (HAMA) - Issuance of No Objection Certificate (NOC) by CARA - Adoption classified as 'Expatriate Adoption' by Australian authorities - Regulation 68 of Adoption Regulations, 2022 not applicable due to peculiar facts - Adoption process to be governed by Regulation 69.
Statutory provision(s): Hindu Adoption and Maintenance Act, 1956, Adoption Regulations, 2022, Regulation 68, Regulation 69
Ms. Karnika Khandelwal v. Union of India, (Delhi) : Law Finder Doc id # 2933159
