SC orders CARA CEO to issue support letters to adopting OCI mother by May 13
The Supreme Court has ordered the CEO of Central Adoption Resource Authority (CARA) to issue Support Letters by May 13 to a single adopting OCI mother to enable her to take her twin adopted children born to her brother by surrogacy to the UK.
A Bench led by Justice BV Nagarathna directed CARA CEO Bhavna Saxena to issue the Support Letters after she appeared before it on April 30 in terms of its April 22 order.
The Bench rejected as “wholly unwarranted” a copy of the provisional certificate placed before it by CARA. “On perusal of the same, we find that the certificate refers to the pendency of the present petition and the directions issued hereunder which is wholly unwarranted.
On behalf of the petitioner, advocates Anil Malhotra and Ankit Malhotra pointed out that the CEO had earlier issued Support Letters in a particular format and therefore, it may be issued in a similar format, having regard to the facts of the present case.
Asking the petitioner’s counsel to submit a format “having regard to the earlier Support Letter which has been issued by CARA in a similar case”, the Bench said, “The same would be considered and adopted for the purpose of issuing the Support Letter in the present case also. On receipt of the said format, the CEO, CARA shall issue the Support Letter accordingly.”
It said, “On such a Support Letter being issued, the petitioner to take steps for the purpose of immigration, recognition and registration of the children who have been adopted by placing the necessary order in that regard before this Court.”
The Bench also directed the petitioner and the biological father of the adopted children to appear before it through video conference facility on May 13 — the next date of hearing.
CARA has contended that before issuing NOCs, prior consent of the UK Adoption Authorities was essential under the Adoption Regulations, 2022.
However, the petitioner’s counsel 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 recognizes Hindu Law adoptions upon verification by CARA. In this case, the District Magistrate, Chennai has already verified and 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 solemnizing 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 petitioner moved the Madras High Court for an NOC from CARA. However, she was forced to move the Supreme Court after the high court turned down her plea.
India