Case Note & Summary
The dispute involved a married Hindu couple, both Indian nationals at marriage, who adopted a child from close relatives under the Hindu Adoptions and Maintenance Act, 1956 (HAMA) through a registered adoption deed executed on 21.04.2023. The adoptive father later became an Australian citizen, and the couple sought to take the adopted child to Australia, requiring an adoption visa. They approached the Central Adoption Regulatory Authority (CARA) for processing, but CARA insisted that the case fell under inter-country adoption procedures per Section 68 of the Adoption Regulations, 2022, applicable to adoptions initiated after 17.09.2021. The petitioners argued that the adoption was valid under HAMA, a relative adoption, and should be processed accordingly, citing Australian authorities' classification as an expatriate adoption outside the Hague Convention framework. The core legal issues were whether the adoption under HAMA required compliance with the Juvenile Justice Act, 2015 and Adoption Regulations, 2022 for inter-country adoption, and CARA's obligation to assist with visa documentation. The petitioners contended that Section 56(3) of the Juvenile Justice Act exempts HAMA adoptions, and the adoption deed predated regulatory engagement, making the regulations inapplicable. CARA maintained that the adoptive father's Australian citizenship triggered inter-country adoption rules. The court analyzed the provisions, noting that the Juvenile Justice Act explicitly does not apply to HAMA adoptions, and the adoption was completed under HAMA before the petitioners approached CARA. It held that the adoption was valid under HAMA, the Juvenile Justice Act and Adoption Regulations do not apply, and CARA must process the adoption under HAMA and provide necessary documents for the Australian visa, as the child's best interests and legal rights under the adoption deed are paramount. The court allowed the petition, directing CARA to act within four weeks.
Headnote
A) Adoption Law - Hindu Adoptions and Maintenance Act, 1956 - Relative Adoption Validity - Hindu Adoptions and Maintenance Act, 1956 - The petitioners, a married Hindu couple, adopted a child from close relatives under HAMA through a registered adoption deed executed on 21.04.2023. The court held that the adoption was valid under HAMA as it complied with all statutory requirements, including religious ceremonies and registration, and the child's best interests were served. (Paras 2-6) B) Adoption Law - Juvenile Justice (Care and Protection of Children) Act, 2015 - Non-Applicability to HAMA Adoptions - Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56(3) - The court examined Section 56(3) of the Juvenile Justice Act, 2015, which explicitly states that the Act does not apply to adoptions made under HAMA. Held that since the adoption was under HAMA, the Juvenile Justice Act and its regulations, including inter-country adoption provisions, are not applicable to this case. (Paras 14-15) C) Adoption Law - Adoption Regulations 2022 - Inter-Country Adoption Procedures - Adoption Regulations, 2022, Section 68 - CARA contended that Section 68 of the Adoption Regulations, 2022, governing inter-country adoptions, applies because the adoptive father is an Australian citizen. The court found that the adoption deed was executed on 21.04.2023, prior to the petitioners' engagement with CARA, and the regulations apply to adoptions initiated after 17.09.2021. Held that the adoption was not initiated under the Adoption Regulations, 2022, and thus Section 68 does not apply. (Paras 13-15) D) Adoption Law - Expatriate Adoption and Hague Convention - Visa Processing - Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption - The petitioners sought CARA's assistance for an Australian adoption visa, but Australian authorities classified it as an expatriate adoption outside the Hague Convention process. The court directed CARA to process the adoption under HAMA and provide necessary documentation for visa purposes, as the adoption is valid under Indian law and does not require inter-country adoption procedures. (Paras 7-12, 15)
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Issue of Consideration: Whether the adoption of a child by an expatriate couple under the Hindu Adoptions and Maintenance Act, 1956 (HAMA) requires compliance with the Adoption Regulations, 2022 and the Juvenile Justice (Care and Protection of Children) Act, 2015 for inter-country adoption procedures, and whether CARA is obligated to process the adoption for visa purposes.
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Final Decision
Petition allowed. Court directed CARA to process the adoption under HAMA and provide necessary documentation for Australian adoption visa within four weeks. No order as to costs.
