NEW DELHI: Plugging a gap in the law on international adoptions of Indian children, the Delhi high court has directed the Ministry of Women and Child Development to place a report before it regarding the manner and mode of creating a permanent mechanism to deal with inter-country adoptions under Hindu Adoptions and Maintenance Act, 1956 (HAMA).
“In view of the fact that currently no permanent mechanism exists for inter-country direct adoptions under HAMA… bearing in mind the welfare of children, which is of utmost importance in cases of adoptions, as also to ensure that there is no trafficking of children, the Ministry of Women and Child Development… is directed to place a report before this court as to the manner and mode of creating a permanent mechanism to deal with inter-country adoptions under HAMA, both direct and indirect… within a period of two months,” justice Prathiba M Singh noted in an order released Wednesday.
The court highlighted gaps in the current system of laws governing the adoption of children and noted that for inter-country adoptions, there are challenges being faced by parents in the movement of the child abroad, including in obtaining passports and visas for the adopted children.
Appearing for CARA, standing counsel Gaurang Kanth insisted that Hague Convention needs to be followed for any inter-country adoption so that the adopted child need not become stateless in the receiving country if the mandatory provisions of Hague Convention are not followed.
The HC was hearing a batch of petitions in this regard. In one case the adoptive mother is living in India with the child, while the adoptive father is living in Spain as they were unable to get a No-objection Certificate from CARA. It observed that provisions of the Juvenile Justice Act apply only in respect of orphans, abandoned and surrendered children, but there are no norms for inter country adoption of Hindu children or parents under HAMA.
It directed that until a proper permanent framework is put in place, to ensure the welfare of the adopted children and to provide a timely mechanism for the biological/adoptive parents as also the child, CARA will set up a panel to verify background of both set of parents, validity of consent and other connected issues whenever any inter-country adoption takes place under HAMA and a NOC is required for any purpose from CARA, including for a passport or VISA.
“In view of the fact that currently no permanent mechanism exists for inter-country direct adoptions under HAMA… bearing in mind the welfare of children, which is of utmost importance in cases of adoptions, as also to ensure that there is no trafficking of children, the Ministry of Women and Child Development… is directed to place a report before this court as to the manner and mode of creating a permanent mechanism to deal with inter-country adoptions under HAMA, both direct and indirect… within a period of two months,” justice Prathiba M Singh noted in an order released Wednesday.
The court highlighted gaps in the current system of laws governing the adoption of children and noted that for inter-country adoptions, there are challenges being faced by parents in the movement of the child abroad, including in obtaining passports and visas for the adopted children.
Appearing for CARA, standing counsel Gaurang Kanth insisted that Hague Convention needs to be followed for any inter-country adoption so that the adopted child need not become stateless in the receiving country if the mandatory provisions of Hague Convention are not followed.
The HC was hearing a batch of petitions in this regard. In one case the adoptive mother is living in India with the child, while the adoptive father is living in Spain as they were unable to get a No-objection Certificate from CARA. It observed that provisions of the Juvenile Justice Act apply only in respect of orphans, abandoned and surrendered children, but there are no norms for inter country adoption of Hindu children or parents under HAMA.
It directed that until a proper permanent framework is put in place, to ensure the welfare of the adopted children and to provide a timely mechanism for the biological/adoptive parents as also the child, CARA will set up a panel to verify background of both set of parents, validity of consent and other connected issues whenever any inter-country adoption takes place under HAMA and a NOC is required for any purpose from CARA, including for a passport or VISA.
