The judgment emphasizes the need for a systematic mechanism to facilitate inter-country adoptions under HAMA, including specific steps to streamline the process and ensure effective communication.

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done in physical Court. Hybrid mode is, however, permitted only in cases where explicit permission has been taken from the Court.

2. Vide order dated 9th November, 2021, in view of the absence of a proper status report filed by CARA and non-issuance of NOCs to the Petitioners, this Court had directed the presence of Ms. Tripti Gurha, member Secretary and CEO of CARA on the next date.

3. Further to the last order, Ms. Tripti Gurha has appeared before the Court and ld. Counsel under instructions from CARA, has made submissions today. Ld. counsels for the Petitioners have also been heard.

4. Vide judgement dated 31st August, 2021, the following directions were issued:

"96. In terms of the directions issued above;

a. The Secretary, Ministry of Women and Child Development, Government of India shall file a report before this Court as to the manner and mode of creating a permanent mechanism to deal with inter-country adoptions under HAMA, both direct and indirect and place the said report before this Court within a period of two months.

b. There are several errors on the website of CARA in respect of HAMA adoptions. CARA shall carry out corrections in its website and place a report before this Court within eight weeks;

c. CARA shall also frame guidelines for the processing of NOCs for inter-country adoptions under HAMA and make available forms for this purpose on the portal. Let the draft guidelines and the timelines for activating the portal be placed on record by means of a status report within two months. Details of the special Committee constituted to deal with HAMA adoptions shall also be specified in the report;

d. A status report in respect of each of the writ petitions and the processing of grant of NOCs be also filed at least one week before the next date of hearing."

5. It is submitted by CARAs counsel that pursuant to the judgement passed by this Court, the Adoption (Amendment) Regulations, 2021 (hereinafter "2021 Regulations") have been notified w.e.f. 17th September, 2021. They have been framed specifically to lay down the procedure to be followed for adoption of children under the Hindu Adoptions and Maintenance Act, 1956 (hereinafter "HAMA") by parents who desire to give their children in adoption to adoptive parents located in a foreign country. The said Regulations apply to all inter-country adoptions under HAMA, both amongst relatives and non-relatives. Under the said 2021 Regulations, there are broadly two categories:

Category No.1 are those adoptions which were executed pre-2021 Regulations; and

Category No.2 are adoptions undertaken post the coming into effect of the 2021 Regulations.

6. On behalf of CARA, it is further submitted that upon the 2021 Regulations coming into effect, various steps have been taken by CARA including:

(i) Appointment of an officer at the level of an Assistant Director as the Nodal Officer for dealing with HAMA-related adoptions;

(ii) Communications have been issued to all State Governments through the Principal Secretary, Ministry of Woman and Child Development, informing them of the 2021 Regulations coming into effect and seeking their cooperation in implementation of the same; and

(iii) Various webinars have been conducted by CARA to sensitize all stakeholders, since the first week of November, 2021.

7. On behalf of the Petitioners who are before this Court, it is submitted that no NOCs have been issued to any of the parties and the process of issuance of NOCs is at different stages.

8. In W.P.(C) 279/2019, the Petitioners have appeared before CARA and requisite documentation has been submitted. The DMs certificate has also been obtained by the Petitioners on 11th November, 2021 and has been submitted to CARA. Thereafter on 16th November, 2021, CARA has written to the relevant central authority in Spain seeking the required certification under Article 5 and Article 17 of the Convention on Protection of Children and Co-Operation in respect of Interc