A High Court division bench of Justices Revati Mohite Dere and Neela Gokhale refused an Indian couple’s plea to adopt their relative’s son, who is a US citizen by birth.
Refusal Based on Legal Provisions
The High Court stated that the child in question does not meet the criteria of a ‘child in need of care and protection’ or a ‘child in conflict with law’ as defined by the Juvenile Justice Act and Adoption Regulations.
According to the court, there are no provisions allowing for the adoption of a foreign child, even between relatives, unless the child fulfills specific criteria.
Extraordinary Jurisdiction Declined
The bench also refused to use its extraordinary jurisdiction to permit the adoption, emphasizing that the petitioners do not have a fundamental right to adopt an American child.
Legal Formalities Required
The High Court directed the couple to adhere to American laws and procedures for adopting the child before proceeding with the post-adoption process in India.
Background of the Case
The couple desired to adopt their relative’s child, a US citizen. However, the Central Adoption Resource Agency (CARA) rejected their application, citing the inability to register them as adoptive parents due to regulations.
As per CARA, adoption is only permitted under specific circumstances outlined in the Juvenile Justice Act.
The child, born in the US in 2019, was brought to India by the couple at a young age. Despite living with them, formal adoption was not possible without complying with US adoption laws.
CARA informed the High Court that clearance for the adoption could not be granted without prior adoption in the US.
Dismissal of the Petition
The bench ultimately dismissed the petition, indicating a lack of inclination to approve the adoption under the current legal framework.
This article was generated from an automated news agency feed without modifications to text.
