Supreme Court
NEW DELHI: After a 12-year-old girl lost her mother, her US-based maternal aunt and her husband adopted her by performing ‘Datta Homam’ rituals under Hindu Adoption and Maintenance Act (HAMA). That was two years ago. They have since struggled to take their adopted daughter to the US because of conflict between inter-country adoption frameworks of the US and India, leading Supreme Court to frown on India’s Central Adoption Resource Agency (CARA) coming in the way of a better future for children who have been adopted by their close relatives based overseas.The adoptive parents had completed the legal requirements for inter-country adoption of the child through a US govt agency but were told that a clearance in this regard would be needed from India’s CARA under Juvenile Justice (Care and Protection of Children) Act.While the US authorities informed the adoptive parents that the approval for adoption was valid till July 28, 2026, they came to know that children adopted under HAMA would not be recognised by the US as the Indian adoption procedure is not considered legally safe under the ‘Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoptions’.On the other hand, in cases involving inter-country relocation of a child, CARA’s office memorandum does not allow adoption procedure under JJ Act and Adoption Regulations, 2022, if a child is adopted under HAMA. CARA thus rejected the adoptive parents’ application for approval of adoption under JJ Act.The catch-22 situation being faced by the US-based couple was conveyed by advocates Noor Shegill and Anuja Pethia to a partial working-day bench of Justices B V Nagarathna and Joymalya Bagchi. Shergill said, “The adoptive parents are caught in a bilateral deadlock from which no administrative remedy provides an exit. India will not process the case through JJ Act, and the US will not issue a Hague Adoption Certificate for a HAMA adoption.”With the July-28 deadline drawing close, Shergill’s fervent pleas touched a chord as Justice Nagarathna came down heavily on CARA for not approving adoptions through HAMA. “This is all bureaucratic red tapism. If after inquiry the HAMA adoption is found to be in order, what is the problem in issuing no objection by CARA?” she wondered.Justice Nagarathna recalled another case in which the father’s sister wanted to take motherless twins to the UK, but all obstacles were put in her way. “We had to ask your officer to be present in court. Why do you adopt such an obstructionist approach when close relatives are adopting a motherless child?” she asked.“Why are you coming in the way of a child having a better future? Why are you taking a negative stand in the matter?” the bench asked and posted the matter for further hearing on July 14 with a directive: “In the meanwhile, requisite steps that are necessary for processing the application filed by petitioners shall be taken by the respondents without prejudice to their contention in this writ petition.”
