Inter-country adoptions: Delhi HC expresses concern over lack of guidelines
The Delhi High Court on Friday expressed its concern over lack of guidelines concerning inter-country adoptions where biological parents are directly giving their child for adoption.
New Delhi: The Delhi High Court on Friday expressed its concern over lack of guidelines concerning inter-country adoptions where biological parents are directly giving their child for adoption.
The court was hearing two petitions by US nationals who are unable to take their children adopted from biological parents outside India in the absence of any guidelines in the country on the issue.
A bench of Chief Justice G Rohini and Justice R S Endlaw said there were larger issues related to the matter and put the matter for further consideration on January 8.
"It is a larger issue and needs consideration. It will have huge repercussion," the bench said.
At present, India has laws which deal only with adoption of orphaned, abandoned and surrendered child. These adoptions are governed by laws relating to juveniles and by CARA, an autonomous body under the Ministry of Women & Child Development.
It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.
However, there are no guidelines for direct inter-country adoptions and there is no law for regulating the same.
One of the petitions, filed through advocate Karan S Thukral, said a woman doctor residing in the US had adopted a child from a couple in Uttar Pradesh and got the adoption deed registered.
However, when she applied for the passport of the child, she was told that it could be issued only after she obtains a no objection certificate from CARA, the counsel said.
The petition further said that when she approached CARA, her request was turned down without citing any reasons. Her another plea seeking NOC is pending.
The second petition, which was also represented by the same counsel, deals with the adoption of a child of a single mother by a couple staying in the US. Their application for NoC is also pending before CARA.
In both the cases, adoptive parents are travelling to India time and again to meet the adopted children who are still living with their relatives and could not accompany their adopting parents to the US for want of passports.