SC orders CARA CEO to appear before it over non-issuance of NOCs to single adoptive OCI mother
The Supreme Court has ordered the CEO of Central Adoption Resource Authority (CARA) over non-issuance of No Objection Certificates (NOCs) to a single adoptive OCI mother to enable her to take her twin adoptive children born to her brother by surrogacy to the UK.
“Having heard learned counsel for the petitioner and learned Additional Solicitor General for the first respondent (CARA), we direct the CEO (Joint Secretary) of Central Adoption Resource Authority, first respondent herein, to be present before this Court on April 30, 2025, at 2 PM,” a Bench led by Justice BV Nagarathna ordered.
The Bench directed the CARA CEO to appear before it on Wednesday after the authority failed to comply with its March 24 order to issue within four weeks an NOC—a must for taking an adopted child abroad—to the petitioner, a single adoptive OCI mother.
CARA has contended that before issuing NOCs, prior consent of the UK Adoption Authorities was essential under the Adoption Regulations, 2022.
However, the petitioners’ advocates Anil Malhotra and Ankit Malhotra submitted that their client—a citizen of the UK—adopted the children on January 9, 2020, under the Hindu Adoption and Maintenance Act (HAMA), 1956, and wanted to relocate them to London. They said the procedure prescribed under the Adoption Regulations, 2022, in respect of orphans, abandoned or surrendered children did not apply to Hindu adoptions.
They contended that both parents giving and taking in adoption as also the twin children were Hindus by religion and they were governed by the Hindu Law alone. They said NOCs from CARA were essential under The Hague Adoption Convention ratified by India to enable the children to get British visas to join their adoptive mother living in the UK. The convention recognises Hindu Law adoptions upon verification by CARA. In this case, the District Magistrate, Chennai, has already verified the adoptions under the HAMA, 1956.
Based on this verification, CARA was required to issue NOCs to enable the adopting parent to seek adoption certificate from the UK Family Court whereupon the UK immigration authorities would grant entry clearance certificate to enable the twin children to enter the UK.
After solemnising Hindu adoption ceremonies in 2020, and executing registered adoption deeds in 2022, the adoptive parent approached CARA for an NOC to enable grant of British visas to the twin adoptive children.
Getting no positive response from CARA, the adoptive mother moved the Madras High Court to grant an NOC from CARA. However, she was forced to move the Supreme Court after the High Court on April 17 turned down her plea.
India