IN THE HIGH COURT OF DELHI
Yashwant Varma, J.
Michelle Camilleri - Appellant
Versus
Central Adoption Resource Authority - Respondent
W.P.(C) 14069 of 2022 & CM Appl. 42954 of 2022 (Interim Relief), CM Appl. 44913 of 2022, CM Appl. 48292 of 2022 (Impleadment)
Decided On : 25-11-2022
| Table of Content |
|---|
| 1. challenge to cara's communication on adoption (Para 1 , 2) |
| 2. court's orders on adoption proceedings (Para 3 , 4) |
| 3. medical condition of child s (Para 5 , 6 , 7) |
| 4. adoption timeline and legal status of child s (Para 8 , 9 , 10) |
| 5. complaints regarding adoption process (Para 11 , 12 , 13) |
| 6. arguments regarding complaint and adoption rights (Para 19) |
ORDER
Yashwant Varma, J.
"The beggarly question of parentage--what is it, after all? What does it matter, when you come to think of it, whether a child is yours by blood or not? All the little ones of our time are collectively the children of us adults of the time, and entitled to our general care...." Thomas Hardy, "Jude the Obscure"
1. This writ petition challenges the communication dated 10 August 2022 issued by the Central Adoption Resource Authority [CARA] informing the Specialized Adoption Agency [SAA] concerned and where Child "S" presently stands housed, of a complaint which had been received by the National Commission for Protection of Child Rights [NCPCR] alleging violation of the adoption regulations which apply. CARA in terms of that communication apprised the SAA that till the aforesaid complaint is investigated, it should withdraw the Adoption Petition No. 1248/2022 which had been presented before the competent court.
2. Taking note of the challenge which stood raised in the writ petition, the Court on 28 September 2022 had passed the following order:
"1. Notice. Although the respondents are stated have been placed on advance notice, none has appeared on their behalf when the matter was called. Consequently, let learned counsel for the petitioner take steps for service on the said respondents through all permissible modes including via approved courier service as well as dasti.
2. The Court notes that in terms of the communication which stands impugned in the present writ petition, the Central Adoption Resource Authority ["CARA"] has issued directions not only for an investigation being initiated but for the adoption petition itself being withdrawn from the Court where it was pending. The aforesaid directions appear to have been issued pending CARA examining and investigating a complaint which is stated to have been received. The record would further reflect that after completion of all formalities, CARA itself had proceeded to issue the No Objection Certificate on 15 March 2022. Presently the impugned communication does not record any valid or legally justifiable reasons which may have compelled or constrained CARA to commence an investigation or warranted the withdrawal of the adoption petition itself.
3. In view of the aforesaid and bearing in mind the advanced stage to which the adoption process had reached, let the petition be called again on 13 October 2022.
4. Till the next date of listing the direction as contained in the impugned order dated 10 August 2022 for withdrawal of the adoption petition shall remain stayed. The Court additionally restrains CARA from taking any steps for unmatching the petitioner from the child which was to be taken in adoption. The concerned Court before which the adoption petition is pending shall also stay its hands pending further orders being passed on the present writ petition.
5. CARA shall additionally place on the record a report with respect to the welfare of the child in question.
6. Dasti under signatures of the Court Master."
3. Thereafter and when the matter was taken up on 17 October 2022, the petitioners moved a miscellaneous application for appropriate directions in light of the material which had been placed on the record and which indicated that unauthorized third parties had been granted access to the child. The material indicated that in the course of those interactions, photographs of Child "S" were taken and thereafter posted online on various social media platforms. Taking cognizance of the allegations which stood levelled, the Court on 17 October 2022 passed the following order:
"CM APPL. 44982/2022 (
The court ruled that the 48-hour period for reserving a child in adoption should start from the receipt of the medical report, emphasizing the violation of natural justice in the debarment process.
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....
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 ....
The court determined that valid adoption requires adherence to statutory procedures, emphasizing that improper procedures invalidate adoption claims, stressing child welfare and anti-trafficking laws....
Point of Law : Procedure for inter-country adoption of an orphan or abandoned or surrendered child - Required Certificate of Adoption is issued by Registrar General of this Court with photographs of ....
Scope of Juvenile Justice Act, and inapplicability of the same to the adoptions made under the HAMA Act were noticed and elaborately dealt by a Division Bench of Kerala High Court and the Punjab and ....
The Juvenile Justice Act does not cover adoption procedures for foreign citizens, emphasizing the necessity of local law compliance for such adoptions.
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