SC orders CARA to issue fresh NOCs to adopting OCI mother by May 20
The Supreme Court has ordered the Central Adoption Resource Authority (CARA) to issue a modified “No Objection Certificates” (NOCs) by May 20 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 also directed CARA to modify the wordings of a particular paragraph of NOCs to read, “This is to mention that adoption under Hindu Adoption and Maintenance Act, 1956, is evidenced by the Registration of the Adoption Deeds, Verification Certification Reports and Family Background Report issued by District Magistrate, Chennai, on 25.02.2025 (Annexure-1).”
In its May 13 order, the Bench permitted CARA to withdraw its affidavit dated May 9 after petitioner’s advocates Anil Malhotra and Ankit Malhotra raised objections on the contents of the affidavit sworn to by Richa Ojha, CARA Deputy Director under the Union Ministry of Women & Child Development that questioned the validity of the adoptions.
Additional Solicitor General (ASG) Aishwarya Bhati, representing CARA, submitted that the affidavit may be discarded and the same would also not be pressed. “Consequently, the aforesaid affidavit dated 09.05.2025 is not taken on record as it is withdrawn and the contents of the said affidavit are discarded,” the Bench noted.
The top court had on April 30 ordered the CARA CEO to issue support letters by May 13 to the single adopting OCI mother to enable her to take her twin adopted children born to her brother by surrogacy to the UK after she appeared before it on April 30 in terms of its April 22 order.
The Bench had 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.
CARA had contended that before issuing NOCs, prior consent of the UK Adoption Authorities was essential under the Adoption Regulations, 2022.
However, the petitioner’s counsel had 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 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 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 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