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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 4^th August, 2021

Date of decision: 31^st August, 2021

+

W.P.(C) 279/2019

R.K. & ANR

..... Petitioners

Through:

Mr. Anubhav, Ms. Preeti Yadav, Mr.

Yashwant Singh Yadav & Mr. M.A.

Kartik, Advocates.

versus

CENTRAL ADOPTION RESOURCE AUTHORITY ..... Respondent

Through:

Mr. Gaurang Kanth, CGSC with Ms.

Biji Rajesh, Advocate.

Mr. Sanjoy Ghose, Amicus Curiae

WITH

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W.P.(C) 10064/2019 & CM APPLs. 41610/2019, 16344/2020

BABY H.A. MINOR THROUGH S.K.

..... Petitioner

Through:

Mr. Zeeshan Khan, Advocate.

versus

UNION OF INDIA & ORS

..... Respondents

Through:

Mr. Gaurang Kanth, CGSC with Ms.

Biji Rajesh, Advocate.

Mr. Sanjoy Ghose, Amicus Curiae

AND

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W.P.(C) 11168/2020

J.S.S.

..... Petitioner

Through:

Mr. Vishwendra Verma, Advocate.

versus

CENTRAL ADOPTION RESOURCE AUTHORITY .... Respondent

Through:

Mr. Gaurang Kanth, CGSC with Ms.

Biji Rajesh, Advocate.

2021:DHC:2672

CORAM:

JUSTICE PRATHIBA M. SINGH

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 22^nd May, 2018 to A and R.K., who are family friends of

the adoptive parents. On 27^th 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:

2021:DHC:2672

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 23^rd 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 22^nd September 2016. After the ceremony

was conducted, a registered adoption deed dated 23^rd 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.

2021:DHC:2672

Vide judgment and decree dated 5^th April, 2017, the ld. ACJ granted a decree

to the following effect:

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 13^th November,

2017. The adoptive parents are residents of Spain and so they made an

application for a visa for the child. The Embassy of Spain, however, opined

that the procedure for adoption