Adoption procedures for inter-country adoption must prioritize the actual adoption date over the date of registration to comply with statutory requirements.

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 and friends, which is also supported by Annexure P-1/Invitation.

3. Learned counsel submitted that having regard to Section 16 of the Hindu Adoptions and Maintenance Act, 1956 (for short, “the HAMA, 1956”), there is a presumption as to registered documents relating to adoption.

4. Since the petitioner herein is a citizen of UK, the procedure for adoption of children under the HAMA, 1956 by parents who desire to relocate the child abroad, as envisaged under Chapter VIII of the ADOPTION REGULATIONS , 2022 (“Regulations, 2022”) has to be followed.

5. In this regard, our attention was drawn to Regulations 64 and 67 of the Regulations, 2022, which read as under -

“64. This Chapter shall apply to — (a) all adoption cases under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) by prospective adoptive parents or adoptive parents residing outside the country and

(b) all adoption cases pertaining to countries outside the Hague Adoption Convention.

67. Procedure in the case of registered adoption deed.? (1) In the cases where the adoption deed has already been executed in pursuance of adoption under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), before the commencement of the Adoption (Amendment) Regulations, 2021, the requisite documents supporting the facts of the adoption deed shall be duly verified and recommended by the District Magistrate in the format as provided in Schedule XXXV.

(2) On receipt of the verification of documents as per Schedule XXXV, the Central Adoption Resource Authority shall comply with the provisions of Articles 5 or 17 from the receiving country as provided in the Hague Adoption Convention.

(3) Upon receiving such certificate, the Central Adoption Resource Authority shall issue no objection certificate for Hague ratified countries and in cases of countries outside the Hague Convention on Protection of Children and Co-operation in respect of Inter-country Adoption, the Central Adoption Resource Authority shall issue a support letter upon receiving a letter accepting the said adoption from the Government department.”

6. Learned counsel submitted that although the adoption of the twin children in the instant case took place on 09.01.2020, the Deed of Adoption was subsequently registered on 19.09.2022. He submitted that the said Deed of Adoption would relate back to 09.01.2020, on which date the religious ceremonies were performed in the presence of relatives and friends for the formal adoption of the children under the provisions of the HAMA, 1956. In the circumstances, Regulation 67 has to be read in a manner relatable to the date of adoption. The submission of learned counsel was that although the Deed of Adoption was registered on 19.09.2022 which is subsequent to the commencement of the Adoption (Amendment) Regulat