The Bombay High Court rejected a plea filed by an Indian couple seeking to adopt their relative's child who holds American citizenship, emphasizing that Indian laws do not recognize such adoption unless the child qualifies under specific legal categories defined by the Juvenile Justice (Care and Protection of Children) Act, 2015.
A Division Bench comprising Justice Revati Mohite Dere and Justice Neela Gokhale clarified that an Indian citizen does not possess any fundamental right to adopt a foreign national child, even in cases involving blood relatives, if the child does not fall under the classification of either a “child in need of care and protection” or a “child in conflict with law.”
The petitioners, an Indian couple, sought court approval to adopt their relative's child, an American citizen by birth, who has been living with them in India since infancy. However, the Court refused to exercise its extraordinary jurisdiction under Article 226, holding that there exists no legal foundation under Indian statutes or adoption regulations to allow such adoption directly.
The Court remarked that neither the Juvenile Justice Act nor the Adoption Regulations of India provide for adoption of a foreign citizen unless the child is statutorily recognized as vulnerable under Indian law. The Bench observed, “There is no provision in the Juvenile Justice Act nor the Adoption Regulations providing for adoption of a child of foreign citizenship, even between relatives, unless the child is in need of care and protection or is in conflict with law.”
Additionally, the Court noted that no constitutional or statutory right of the petitioners was violated, and there was no infringement of the child's rights either under Indian law.
The Central Adoption Resource Authority (CARA) had earlier declined the couple’s request to register as prospective adoptive parents, citing that the adoption regulations do not contemplate adoption of a child holding U.S. nationality under the present circumstances.
CARA emphasized that the adoption must first be formalized in the United States in accordance with American law, after which the adoptive parents could initiate procedures under Indian law to bring the child to India. The High Court upheld this stance and declined to intervene.
In conclusion, the Bombay High Court dismissed the writ petition, reiterating that the couple must first comply with U.S. adoption procedures, and only then pursue post-adoption processes in India under applicable international and domestic frameworks.
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