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Orders CARA To Issue NOC For HAMA Adoptions
In a significant ruling for , the has directed the to issue a for a child adopted under the . The judgment provides essential clarity for adoptive parents facing regulatory roadblocks when the receiving country—in this case, Australia—classifies their adoption as an "" rather than a formal .
The Background of the Dispute The petitioners, an OCI couple residing in Australia, adopted a child in India according to Hindu customs in . Despite executing a legal deed and obtaining a birth certificate, their application for an NOC through the CARINGS portal was rejected by CARA. The authority cited Regulation 68 of the , which mandates that applications for inter-country adoptions be sponsored by an or the central authority in the receiving country.
The petitioners found themselves in a legal vacuum: while India required proof of foreign state sponsorship, the Australian authorities—specifically ""—refused to process or sponsor HAMA-based adoptions, categorizing them as "expatriate adoptions" that fall outside their regulated process.
A Conflict of Regulatory Applicability Justice Sachin Datta, presiding over the case, observed that the strict imposition of Regulation 68 created an impossible barrier for the parents. The Court drew parallels to the ’s findings in , which held that when "" arise—such as when a receiving country classifies an adoption as an expatriate matter—the rigid requirements of Regulation 68 need not be adhered to.
The Court noted that the specifically requires a support letter or NOC from CARA to verify the child's status for immigration. By refusing this, CARA was inadvertently preventing the legal settlement of the minor in her new home.
Key Observations The judgment emphasizes prioritizing the welfare of the child over purely procedural hurdles. Key reasoning includes:
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"The procedure under sub-clauses (2) to (6) cannot be enforced upon this case as the adopted child is from the family of a close relative and the adoption has legally taken place under the HAMA."
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"We have to consider the future of the adopted baby as well."
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"Having considered the above ... would not apply in this case."
The Verdict and Its Impact The allowed the petition, ordering CARA to issue the necessary NOC. To maintain legal oversight, the Court mandated that the concerned District Magistrate must first conduct an inquiry to verify the legitimacy of the adoption deed under HAMA, as prescribed by Regulation 69 of the .
This decision marks a vital step in facilitating the immigration and recognition of internationally adopted Indian children. By allowing for a "verification" path under Regulation 69 when the inter-country sponsorship process is blocked, the Court has provided a roadmap for families navigating the complex intersection of Indian domestic adoption law and foreign immigration policies. The authorities have been directed to expedite the process to minimize the impact on the minor’s future.
