Delhi HC orders setting up of concrete guidelines for inter-state adoption

In the recent case of RK & Anr v. Central Adoption Resource Authority laying down of permanent guidelines for inter-country adoption under the Hindu Adoptions & Maintenance Act (HAMA), 1956 was ordered to the Union Ministry of Women & Child Development by the Delhi High Court. They are directed to do so within a time period of 2 months. However, until proper guidelines are issues, single Judge bench of Justice Pratibha M Singh has laid down interim/ temporary guidelines for the same.

Furthermore, Central Adoption Resource Authority (CARA) has been assigned at the main authority to monitor inter-state adoption under the Hindu Adoptions & Maintenance Act (HAMA), 1956. It was further observed by the court that since there is no existing procedure under Hindu Adoptions & Maintenance Act (HAMA), 1956 for such situations, the shortened procedure that existed before the Juvenile Justive Act, 2015 could be followed via no objection certificates (NOC) for adoption.

Guidelines for when NOC is required is as follows:

“a. The background and antecedents of the biological parents or Family background report and source verification of the child (or CWC certificate).

b. Verify the consent of the biological parents and that of the child, if needed based upon the age and maturity, for the adoption;

c. Details of any religious ceremony conducted;

d. Details of the adoption deed and its genuinity/validity;

e. Court order, if any, recognizing the adoption;

f. Home Study Report of the prospective adoptive parents with support documents;

g. Permission letter from receiving country or permission letter from Embassy of the receiving country in case of OCI/Foreigner.”

Certain powers given to CARA include:

  1. authority to monitor inter-state adoption
  2. frame broad guidelines on the basis of the directions given by the Court
  3. create a specific form on its portal incorporating the guidelines within four weeks
  4. carry out other necessary website changes.

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