Delhi High Court to issue a notice to the Adoption Authority to issue a clearance certificate to Christian parents to adopt a child.
Recently, a Christian couple filed a petition to confirm the adoption of a child. According to the facts of the case, the couple adopted a minor child who was born in Punjab on December 11, 2014. The birth parents of the child have completed the legal formalities for completing the adoption of the child with them by preparing an adoption deed signed and executed between the birth and adoptive parents of the child. The adoption deed was duly witnessed by both the village sarpanch and the social worker and was registered on December 18, 2014 under the provisions of the 1956 Hindu Adoption and Maintenance Act.
Since the couple are US citizens while their parents live in Kerala, the child has lived with their grandparents in Kerala since their adoption, as the couple have not yet been able to obtain a passport for the child. Now the child is themselves over six years old and the couple claim to visit them regularly and annually and to keep in contact with them via electronic platforms
The main problem with the case was that the couple were unable to claim the parental hood declaration as the Punjab court ruled that the 1956 Hindu Adoption and Alimony Act did not apply to Christians. However, when the matter went to the Delhi High Court, the judge stated that the best interests of the child were of paramount importance in such cases and that the validity of CARA’s rejection of the NOC should be examined by the court. According to the letter dated March 2, 2020, no coercive measures should be taken against the petitioner, the child, their relatives or any person who facilitated the adoption.
For this reason, the Delhi Supreme Court has informed the Central Adoption Resource Authority (CARA) of a plea by a Hindu couple living in the United States who are applying for a No-Objection Certificate (NOC) to adopt a child born to Christian parents.