Follow regulations in inter-country adoptions: Karnataka High Court

Bengaluru: The high court has ruled that the Adoption Regulations of 2022 must be followed in cases of inter-country adoptions. Justice M Nagaprasanna made this declaration while disposing of the petition and granting the petitioners, an Indian origin couple residing in Frankfurt, Germany, the liberty to contact the Central Adoption Resource Authority in Germany for further communication.

The couple had adopted a five-month-old baby from a woman in Chikkaballapura, and the adoption was registered on March 29, 2023, at the Sub-Registrar office in Chikkaballapura. The couple claims to have sent multiple communications to the District Child Protection Unit, requesting the issuance of a No Objection Certificate (NOC) and a conformity certificate. The petitioners are seeking a direction to consider their representation.

The adoption was conducted under the Hindu Adoption and Maintenance Act, and the petitioners stated that the Deputy Commissioner of Bengaluru Urban District had recommended the adoption to the Central Adoption Resource Authority. They argued that according to Regulation 58 of the Adoption Regulations of 2002, an NOC in favor of the child's adoption should be issued within 10 days from the date of the adoption order by the District Protection Unit.

The court observed that both Germany and India are signatories to the Hague Convention, and Germany has established a Federal Central Authority governing the norms for inter-country adoption. 

"The non-consideration of it (application for NoC) cannot be found fault with, as the procedure to be followed by the petitioners is to approach the competent authority in Germany who would communicate the authorities in India and it is then within 10 days after such communication, authorities in India would issue a NOC. No fault can be found with the delay in issuing the NOC, as the procedure is not followed by the petitioners,” the court said.

The court further said, “In the event the petitioners would get a communication from the receiving country, the Central Adoption Resource Authority shall issue such a No Objection Certificate and Conformity Certificate within 10 days from the date of such communication from the receiving country – Germany. The petitioners are also at liberty to knock at the doors of appropriate fora in the event of need.”