[Inter-country adoption] Create database of DMs/SDMs, 24-hour helpline: Delhi High Court suggests

With a view to streamlining the process of inter-country adoptions, the Delhi High Court on Wednesday made suggestions to help adoptive and biological parents obtain no-objection certificates (NOCs) from District Magistrates/Sub-Divisional Magistrates and foreign authorities [RK & Anr v. Central Adoption Resource Authority]..Justice Prathiba M Singh noted that the main issue for the parties involved in adoption was obtaining verification from the concerned Sub-Divisional Magistrates (SDMs) and District Magistrates (DMs) in terms of the 2021 Regulations.The second issue was regarding the manner in which the coordination is to be effected between the adoptive child, adoptive parents, the relevant foreign agencies, the Central Adoption Resource Authority (CARA) and the biological parents.In light of these issues, the Court made the following suggestions:1. Creation of a database of all SDMs/District Magistrates as also the State Adoption Resource Agencies and District Child Protection Unit who will need to be contacted for the purpose of verification and issuance of certificates;2. Publication of such a database on CARA’s website;3. Creation of a help desk at CARA which shall be available both physically and online. The help desk/helpline should have a 24- hour helpline, considering the time differences in different jurisdictions. This would enable adoptive parents to contact CARA as per their convenience. The feasibility of the same shall be reviewed by CARA and shall be submitted before this Court by way of a status report;4. CARA shall also consider permitting advocates/lawyers to appear as authorized representatives to coordinate and facilitate the various formalities that are required to be undertaken;5. Mechanism to be created to enable biological or adoptive parents to appear even virtually or be available telephonically, whenever CARA requires to contact them or interact with them;6. All communications with foreign authorities or District Magistrates or any other parties made by CARA shall also be copied by an e- mail to the party concerned as also their authorized representatives so that the procedure being followed and the progress of the application is within their knowledge as well. This would also enable the parties concerned to follow up with the concerned foreign authority or with the District Magistrate for issuance of the certification;.The Court was dealing with three pleas pertaining to inter-country adoption, where the children and biological parents were Indian residents and the adoptive parents were foreigners. The adoption processes took place as per provisions of the Hindu Adoptions and Maintenance Act (HAMA), however there was difficulty in obtaining passports and visas. The biological parents were also facing difficulty in obtaining NOCs from the authorities. This prompted them to file petitions before Delhi High Court..In September this year, the Court had directed the Union Ministry of Women & Child Development to lay down a permanent mechanism for inter-country adoption under the Hindu Adoptions & Maintenance Act (HAMA), 1956 within two months.While doing so, the Court found it necessary to issue interim directions till a permanent framework was put in place. Therefore, Justice Singh directed the CARA to act as an authority to enable inter-country adoption under the HAMA..Counsel for CARA on Monday informed the Court that pursuant to the Court's September order, the Adoption (Amendment) Regulations, 2021 was notified with effect from September 17, 2021.He stated that the guidelines have been framed specifically to lay down the procedure to be followed for adoption of children under the HAMA by parents who desire to give their children to adoptive parents located in a foreign country. The Regulations will apply to all inter-country adoptions under HAMA, both amongst relatives and non-relatives, it was submitted..CARA further informed the Court that it had taken the following steps after the Regulations came into effect:1. Appointment of an officer at the level of an Assistant Director as the Nodal Officer for dealing with HAMA-related adoptions;2. Communications have been issued to all State Governments through the Principal Secretary, Ministry of Woman and Child Development, informing them of the 2021 Regulations coming into effect and seeking their cooperation in implementation of the same; 3. Various webinars have been conducted by CARA to sensitize all stakeholders, since the first week of November, 2021.One of the petitioners informed the Court that no NOCs have been issued to any of the parties, and that the process of issuance of NOCs in different matters was at different stages. .Apart from making its suggestions, the Court also directed CARA to file a status report on the implementation of the same. The report is also required to contain details on the number of applications which are pending for inter-country adoption and the time period for which they have been pending with CARA.The Court also appointed Advocate Atul Nagarajan as Amicus Curiae in the matter and asked him to place on record suggestions to streamline the process of inter-country adoption.Notice was also issued to the Central government, which is required to place on record a status report on the implementation of the 2021 Regulations..Delhi High Court directs Centre to lay down permanent mechanism for inter-country adoption under Hindu Adoptions & Maintenance Act.[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.