The Delhi HC in, J S & ANR. v. CENTRAL ADOPTION RESOURCE AUTHORITY & ANR., issued a notice to the Central Adoption Resource Authority, an authority that primarily deals with inter-country adoption, on the matter of adoption of a child born to Christian parents prior to Juvenile Justice Model RUles, 2016 framed under Juvenile Justice Act, 2015.
The Petitioners in the instant case approached the court challenging the notice of CARA which refused to grant a No Objection Certificate in order to enable the adoptive parents to obtain a passport for the child.
Brief Background of the case is that the petitioners adopted the child as per the provisions of Hindu Adoption and Maintainance Act, 1956. The petitioners were US citizens and the child has been living with the grandparents since they could not obtain a passport for the child. Various steps were taken by the adoptive parents for seeking a declaration of parenthood. The civil court however refused to grant the said relief of declaration, as sought for by the Petitioner on the ground that the Hindu Adoptions and Maintenance Act, 1956, does not apply to Christians.
Further, to obtain the passport, the petitioners have to get a NOC from CARA, but CARA refused to grant a certificate. in addition, apart from the rejection of the NOC, the authorities also appear to be taking steps for initiating an action against the adoptive parents, the relative who helped in the adoption, and also the grandparents of the adopted child.
The Counsel for petitioners in the instant case submits that the manner in which the authorities are proceedings clearly shows that the same is contrary to law. He relies upon a judgment of this Court in PKH v. Central Adoption Resource Authority, to argue that there has to be a mechanism in place for enabling the adoption of the Christian child and all the mechanisms enshrined therein have taken place. He further submits that the mere fact that the adoption deed was registered under HAMA, ought not to be used to invalidate the legality of the adoption, as the child is happily living with his grandparents.
The Court after perusal of arguments stated that present petition raised an issue of enormous importance as it relates to a legal vacuum in respect of adoptions carried out prior to the coming into force of the Juvenile Justice (Care and Protection of children) Model Rules, 2016, framed under the Juvenile Justice (Care and Protection of Children) Act, 2015, in respect of a child born to Christian parents.
The Court thus issued a notice to CARA and gave four weeks time to file counter affidavit.
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