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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Prema Gopal – Appellant
Versus
Central Adoption Resource Authority – Respondent
| Table of Content |
|---|
| 1. arguments regarding procedural adherence in inter-country adoption. (Para 1 , 7 , 8) |
| 2. adoption details and regulatory compliance under hama. (Para 2 , 3 , 4 , 5 , 6) |
| 3. preliminary court view favoring petitioner. (Para 9) |
| 4. directions for processing the adoption application. (Para 10 , 11 , 12 , 13 , 14 , 15) |
ORDER :
We have heard learned counsel for the petitioner, learned ASG appearing for respondent no.1 and Smt. G.Indira for respondent nos. 2 and 3 and perused the voluminous material that has been appended to the memorandum of the Special Leave Petition.
2. Learned counsel appearing for the petitioner submitted that the petitioner is a citizen of United Kingdom (UK), who has adopted two minor children (twins) on 09.01.2020 vide Annexures P-1 and P-2 appended to the Special Leave Petition. He further submitted that the said adoption of the two minor children was further incorporated by a Deed of Adoption dated 19.09.2022 (Annexures P-4 and P-5), which clearly indicate that the physical act of giving and taking of both the twin children in adoption was performed on 09.01.2020 along with the performance of the Hindu religious ceremonies in the presence of relatives
Adoption procedures for inter-country adoption must prioritize the actual adoption date over the date of registration to comply with statutory requirements.
Post-2022 HAMA relative adoption by parents with foreign citizenship treated as expatriate: District Magistrate verifies under Reg 69, Authority issues NOC under Reg 70 without receiving country prio....
Adoptions finalized before the implementation of new regulations are not bound by those regulations for processing No-objection Certificates.
Registration of an adoption-deed under the Hindu Adoptions and Maintenance Act presumes validity of the adoption, irrespective of the adopted child's age, and does not negate a claim for compassionat....
The main legal point established in the judgment is that the adoption process for Inter-Country Adoption must comply with the Hague Convention and the Regulations for Inter-Country Adoption, and the ....
Cross-border adoption of child is permissible if petitioners are having valid Court orders.
The Juvenile Justice Act does not cover adoption procedures for foreign citizens, emphasizing the necessity of local law compliance for such adoptions.
Registration of adoption deed is not mandatory for obtaining a birth certificate under the Hindu Adoption and Maintenance Act; the authorities cannot impose such a requirement without legal basis.
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