HC orders authority to issue NOC for Aussie couple to take adopted son home
New Delhi:
Delhi High Court
recently came to the rescue of an Australia-based couple who were not allowed to take their adopted son back to the country for over four years due to the inaction of Central Adoption Resource Authority (CARA).
A single-judge bench of Justice Sachin Datta on May 30 observed that the adoption deed was executed in 2020 and directed CARA to immediately issue a no-objection certificate enabling the couple to take the child with them. The bench said the adoption was concluded in accordance with the law and there was no reason for CARA not to grant the NOC.
CARA objected to the registration of the adoption deed by the adoptive father's mother, on the basis of a general power of attorney.
It contended that a GPA was not a legally valid instrument under Queensland Powers of Attorney Act 1998 for the purpose of adoption. It stated that in cases where children adopted under Hindu Adoptions and Maintenance Act (HAMA) are sought to be relocated abroad by the adoptive parents, Adoption Regulations 2022 required necessary documentation/certification from the authority concerned of the receiving country as contemplated under Hague Convention 1993.
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Referring to a Supreme Court verdict in which CARA was directed to issue an NOC to expedite the process for the inter-country adoption of two children by a 49-year-old single Indian woman residing in the UK, the judge observed that Article 37 of Hague Convention itself implied that concluded adoptions under HAMA were required to comply with the requirements set out in the Act itself and couldn't be retrospectively subject to any other extraneous requirement or precondition.
The court also noted that the Australian authorities concerned had issued a communication seeking a CARA support letter to validate the adoption for inter-country movement. "Admittedly, requisite certificates have also already been issued by the district magistrate (Bathinda, Punjab). There is no ground for withholding the grant of a support letter/NOC by CARA," it noted.
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