ORDER

1. This is a matter relating to inter-country adoption of a surrendered child. This revision filed under section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (in short, ‘J.J. Act’) challenges the impugned order dated 27.7.2022 passed by Court below in Case No.MJCGW 11-2022.

2. The Court below rejected the application filed by the applicant No.1 and declined to issue adoption order in favour of applicants No.2 and 3. It is averred in the present revision that India and USA are signing members of Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoptions, 1993. India, in turn, framed its own law regarding inter-country adoptions namely J.J. Act, 2015, J.J. Rules, 2016 and Adoption Regulations, 2017 (Regulations).

3. Central Adoption Resource Authority (CARA) is the statutory body under the JJ Act responsible for regulating the adoptions both within India and inter-country adoptions.

4. It is averred that the applicants No.2 and 3 are Prospective Adoptive Parents (PAPs) opted to adopt a girl child at the Child Adoption Resource Information and Guidance System (CARINGS) on 7.11.2021. After receiving NOC dated 2.3.2022 by CARA and after obtaining letter of US Government dated 27.1.2022, the PAPs were expecting that adoption order will be issued in their favour. The medical, psychological and financial eligibility of PAPs were duly ascertained by respective Authorities and Agencies of USA and CARA and necessary NOCs were issued. A true copy of the Apostilled Article 5 Letter is filed with this revision as Annexure A/2. True copy of NOC dated 2.3.2022 issued by CARA is filed as Annexure A/3.

5. The bone of contention of Shri Vijay Shankar Pandey, learned counsel for the applicant is that section 61 of JJ Act is a complete Code in itself. All statutory formalities as envisaged in section 61 r/w Regulation 7 were taken care of by statutory bodies/agencies. After having verified the eligibility and suitability of applicants No.2 and 3 in all respect, NOC was issued by CARA. Learned Court below in para-7 of the impugned order opined that no documentary evidence is filed to show that as per section 59(1) of JJ Act, despite all efforts, no Indian parents could come forward to adopt the child. The finding of Court below that child was not declared legally free for inter-country adoption is perverse in nature. Lastly, it is argued that Court below has given certain findings in para-11 and 12 of the impugned order which runs contrary to the record and section 61 of JJ Act which prescribes the parameters on the strength of which Court needs to examine the aspect of issuance of adoption order.

6. Shri Ankit Agrawal, learned counsel assisted the Court and drawn attention of the Court on the report prepared by District Programme Officer, Department of Women & Child Development, District Satna dated 10.11.2022. He urged that the said report is pregnant with relevant facts and details of relevant documents and is filed in obedience of this Court’s order dated 14.10.2022. It is common ground that Court below has committed an error in passing the impugned order.

7. Learned counsel confined their arguments to the extent indicated hereinabove.

8. Learned counsel were heard at length and record was perused.

9. Before dealing with the aforesaid contentions, it is apposite to reproduce the relevant sections and regulations. Relevant provisions of sections 59 and 61 of the J.J. Act reads as under :--

“59. Procedure for inter-country adoption of an orphan or abandoned or surrendered child. --

(1) If an orphan or abandoned or surrendered child could not be placed with an Indian or nonresident Indian prospective adoptive parent despite the joint effort of the Specialised Adoption Agency and State Agency within sixty days from the date the child has been declared legally free for adoption, such child shall be free for intercountry adoption :

Provided that children with physical and mental di