JUDGMENT

Prathiba M. Singh, J.

1. The present three cases raise important issues relating to international adoption of Indian children. In all three cases, the children, as also their biological parents are in India but the adoptive parents are mostly settled abroad. The adoptions have been carried out under the provisions of the Hindu Adoptions & Maintenance Act, 1956 (`HAMA’). However, there are challenges being faced in the movement of the child abroad, including in obtaining passports and visas for the adopted children. Hence these writ petitions.

Brief facts in W.P.(C) 10064/2019

2. W.P.(C) 10064/2019 has been filed on behalf of H.A. i.e., the adopted child, by her adoptive parents, who are U.S. citizens and OCI cardholders. H.A. was born on 22nd May, 2018 to A and R.K., who are family friends of the adoptive parents. On 27th June, 2008, an adoption deed was executed by the adoptive parents at Aligarh, Uttar Pradesh. The child is with the adoptive parents since birth and they have been taking care of the child’s requirements, including vaccination etc. The adoptive mother is still living in Aligarh, U.P, India to take care of the child since the No Objection Certificate (hereinafter, ‘NOC’) has not been issued by the Central Adoption Resource Authority (hereinafter, ‘CARA’).The prayer in the petition is as follows:

“a. issue a writ of mandamus or any other appropriate writ, order, direction of like nature thereby directing the Respondent no 03 to issue visa and direct respondent no 1 & 2 to consider this case under special and exceptional category and provide necessary and immediate assistance.

b. issue a writ of mandamus or any other appropriate writ, order, direction of like nature to the respondents for providing NOC considering the pictures of first birthday, vaccinations certificate from doctor and other facts establishing the role of the petitioner in giving necessary care and attention to the minor child or any other appropriate writ, order, direction of like nature, directing the permit, and thereby enabling the Petitioner.”

Brief facts in W.P.(C) 279/2019

3. W.P.(C) 279/2019 has been filed by Mrs. R.K. – wife of Mr. K.S. as Petitioner No.1, together referred to as the adoptive parents, and baby A.K. as Petitioner No.2. A.K. was born on 23rd April, 2016 to K.K. and R.D., who are family friends of the adoptive parents and together referred to as the biological parents. The biological parents gave A.K. in adoption to Mrs. R.K. and her husband through an adoption ceremony which was conducted in accordance with the provisions of HAMA on 22nd September 2016. After the ceremony was conducted, a registered adoption deed dated 23rd September, 2016 was also executed by the biological parents, which was registered with the Sub- Registrar in Himachal Pradesh. In order to affirm the said adoption deed, a suit for declaration was filed by the adoptive parents, seeking confirmation of adoption of baby A.K. before the ld. ACJ, Senior Division, Mukerian, Punjab.

Vide judgment and decree dated 5th April, 2017, the ld. ACJ granted a decree to the following effect:

“As a sequel of abovementioned discussion, suit filed by the plaintiffs succeeds and the same is hereby decreed. Plaintiffs are declared to be natural guardian as father and mother of minor A.K. for all intents and purposes from the date of adoption deed (Ex P6/A). Further, the defendants are hereby from taking or claiming the custody of minor A.K., except in due course of law. Parties to the suit shall bear their own costs. Misc. Applications, if any, lying pending are disposed of herewith as not pressed. Unexhibited documents be returned to the respective parties against proper receipt and identification. Decree sheet be prepared accordingly and file be consigned to the record room, Dasuya, after due compilation.”

4. After the decree of declaration was granted, the adoptive parents applied for the passport of A.K. and the same was issued on 13th November, 2017. The adoptive paren