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Clearing the Path for Families: Delhi HC Rules on International Relocation for HAMA Adoptions

In a significant judgment regarding the inter-country relocation of adopted children, the High Court of Delhi has clarified the obligations of the Central Adoption Resource Authority (CARA). Justice Sachin Datta ruled that CARA cannot abdicate its responsibilities for children adopted under the Hindu Adoptions and Maintenance Act (HAMA), 1956, emphasizing that the Adoption (Amendment) Regulations, 2021, and the subsequent 2022 Regulations, mandate active intervention from the authority to facilitate international relocation.

A Legal Impasse in Adoption

The dispute centered on a minor child, adopted in 2019 by parents—an Indian citizen with Canadian permanent residency and a Canadian citizen of Indian origin. Despite finalizing the adoption under HAMA, the family faced a bureaucratic hurdle when seeking to relocate the child to Canada. CARA refused to issue the mandatory No Objection Certificate (NOC), instead providing only a "Support Letter," which rendered the relocation process non-functional under international protocols.

The petitioners argued that once the District Magistrate had verified the adoption, CARA was legally bound to coordinate with the receiving state (Canada) under the 1993 Hague Convention. CARA, conversely, contended that its jurisdiction was primarily tied to adoptions under the Juvenile Justice Act, 2015, and that HAMA adoptions fell outside its core operational scope.

The Court’s Reasoning: Upholding the Best Interest of the Child

Justice Datta dismantled the respondents' technical defenses by pointing to the explicit language of Chapter IVA of the 2021 Regulations. The judge noted that the regulations were crafted specifically to address the transition of children adopted under HAMA to foreign jurisdictions.

By failing to act, CARA essentially left families in a state of limbo. The court highlighted that CARA is obligated to liaise with the receiving state to ensure that the requirements of Articles 5 and 17 of the Hague Convention are met. "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," the court observed.

Key Observations

The High Court’s ruling provides critical guidance for future cases involving inter-country adoption:

• On Regulatory Mandate: "The language of the afore-quoted Regulations leaves no manner of doubt that they clearly delineate and cast obligations on CARA in respect of adoptions already concluded under HAMA, 1956, prior to the commencement of 2021 Regulations."
• On International Cooperation: "Article 7 of the Hague Convention provides... it is incumbent upon the concerned authorities in both the State of origin as well as receiving State to cooperate with each other in the paramount interest of the welfare of the child."
• On the Inadequacy of 'Support Letters': "It would be wholly contrary to the purport of the express language of Regulation 22B of the 2021 Regulations, as also Regulation 67 of the 2022 Regulations to leave prospective parents in the lurch."

Empowering Families and Future Precedent

The High Court has directed CARA to appropriately liaise with Canadian authorities, clarifying that there is no dispute regarding the validity of the underlying adoption. CARA must now actively assist in the formalities required for the Hague Convention's provisions to be satisfied.

This decision serves as a firm reminder that statutory authorities cannot avoid administrative duties by adopting narrow interpretations of enabling regulations. For families navigating the complexities of international adoption, the ruling provides a clear path forward, reinforcing that the "paramount interest of the welfare of the child" must always supersede administrative hesitation.

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Final Decision Language: "CARA is further directed to issue an NOC to the petitioners upon conclusion of the aforesaid exercise. The petition is disposed of in the above terms."