Bengaluru: In a recent ruling, the High Court has emphasized the adherence to the Adoption Regulations of 2022 in cases involving inter-country adoptions. Justice M Nagaprasanna, while addressing a petition filed by an Indian-origin couple residing in Frankfurt, Germany, declared that the couple is entitled to reach out to the Central Adoption Resource Authority in Germany for further communication.
The petitioners, who adopted a five-month-old baby from Chikkaballapura, registered the adoption on March 29, 2023. Expressing their efforts to obtain a No Objection Certificate (NOC) and a conformity certificate from the District Child Protection Unit, the couple sought a court directive to consider their representation.
Highlighting that the adoption was conducted under the Hindu Adoption and Maintenance Act, the petitioners referred to the Deputy Commissioner of Bengaluru Urban District’s recommendation to the Central Adoption Resource Authority. They argued that, according to Regulation 58 of the Adoption Regulations of 2002, the issuance of an NOC in favor of the child’s adoption should occur within 10 days of the adoption order by the District Protection Unit.
The court, recognizing both Germany and India as signatories to the Hague Convention, acknowledged the existence of a Federal Central Authority in Germany governing norms for inter-country adoption.
The court clarified, “The non-consideration of the application for NOC cannot be faulted, as the procedure dictates that the petitioners approach the competent authority in Germany. Once communication is established between the two countries, the Indian authorities have 10 days to issue the NOC. No fault can be found with the delay, as the procedure was not followed by the petitioners.”
Furthermore, the court stated, “Upon receiving communication from the receiving country, Germany, the Central Adoption Resource Authority shall issue the No Objection Certificate and Conformity Certificate within 10 days. The petitioners are also granted the liberty to seek appropriate recourse if needed.”
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