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M. NAGAPRASANNA
Ravi Kumar C. – Appellant
Versus
Central Adoption Resource Authority – Respondent
ORDER
The petitioners/husband and wife are before this Court seeking a direction by issuance of a writ in the nature of mandamus directing the respondents to consider the representation submitted by the petitioners through electronic mail and redress the grievance. The grievance is concerning cross-border adoption of a child.
2. Sans details, facts in brief germane are as follows:-
The petitioners are husband and wife; citizens of India. Presently they are in Nairobi, Kenya. The husband is working as Vice-President, Africa in Intellect Design Arena Limited, Nairobi. The wife is a software Engineer working in Kenya. The petitioners between 2011 and 2018 were residents of Uganda and later shifted to Kenya from 2019 and even today they hold Indian passport as they have not renounced Indian citizenship. During the time they were staying in Uganda, the petitioners became desirous of adopting a child and in such pursuit of adoption, after following all due procedures took steps with the prevailing law in Uganda to get a child which matched them. The child who was taken in adoption on 12-08-2014 is Master Kris Bright Kumar. The petitioners then filed an application before the jurisdiction
Cross-border adoption of child is permissible if petitioners are having valid Court orders.
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....
Inter-country adoptions under HAMA require a No Objection Certificate from CARA, and the Juvenile Justice Act does not apply to such direct adoptions, creating a need for procedural clarity.
The Juvenile Justice Act does not cover adoption procedures for foreign citizens, emphasizing the necessity of local law compliance for such adoptions.
The court emphasized the importance of considering and applying the relevant legal provisions, such as those in the Juvenile Justice Act and Adoption Regulation, in transnational adoption cases.
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 ....
(1) Adoption – Concept of adoption is only to facilitate permanent care and protection of child within walls of a family.(2) Allegation of collusion cannot be basis for court to interfere with adopti....
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