
The Supreme Court has directed the Chennai Collector and District Child Protection Officer to entertain and process a plea filed by a single adoptive OCI (Overseas Citizen of India) mother seeking ‘verification’ of adoption of her twin adoptive children born to her brother by surrogacy.
The petitioner wants to take her twin adoptive children to the UK and the verification by the Collector is needed to enable her to apply for an NOC from the Central Adoption Resource Authority (CARA) — a must for taking the child abroad.
“We direct respondent no.3/Collector and respondent no.2 (District Child Protection Unit) to entertain the application to be filed by the petitioner herein with all supporting documents, within a period of one week of from today,” a bench led by Justice BV Nagarathna said in its January 29 order.
The order came after the petitioners’ advocates Anil Malhotra and Ankit Malhotra submitted that the petitioner — 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 abroad. They said the procedure prescribed under the Adoption Regulations, 2022 needed to be followed in respect of Hindu adoption.
“On receipt of the said application, respondent nos.3 and 2 shall consider the case of the petitioner herein having regard to the relevant provisions of the Regulations, 2022 and in accordance with law bearing in mind the fact that the adoption took place on 09.01.2020,” said the bench which also included Justice SC Sharma.
The top court gave liberty to the petitioner to seek right of hearing before the Collector either in person or through her representative or counsel.
“It is needless to observe that if such a request is made by the petitioner for an opportunity of hearing to her or her representative or counsel, the same shall be accorded by respondent no.3/Collector. The entire exercise shall be completed by respondent nos.3 and 2 within a period of two weeks from the date of hearing of the petitioner,” it said.
Directing the Collector to submit a copy of the order, the bench posted the matter for further hearing on March 5.
The court is expected to decide if adoption of children under the Hindu Law by an OCI Hindu parents will be governed by the Hindu Adoption and Maintenance Act or the Adoption Regulations under the Juvenile Justice Act.
Adoptions by Hindus under the Hindu Law are governed by the Hindu Adoption and Maintenance Act, while adoption of children without known parents takes place under the Juvenile Justice Act.
Acting on a petition moved by the single adoptive parent — who had adopted twin children born to her brother by surrogacy, the top court had in July last year issued notice to CARA and State of Tamil Nadu.
The petitioner’s advocates contended that both the parties and children were Hindus by religion and they should be 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 the Hindu Law adoptions upon verification by CARA.
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 adoptive mother moved the Madras High Court to grant an NOC from CARA. However, she was forced to move the Supreme Court after the high court on April 17 turned down her plea.
As the adoptive parent’s pleas made since 2022 did not find favours with CARA, the adopted twins continue to reside in Chennai – separated from their UK-based adoptive mother.
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