HC directs CARA to clear adopted child’s relocation to Australia

A division bench of justice Ravindra V. Ghuge and justice Abhay J. Mantri, while hearing a petition filed by the Navi Mumbai-based couple, observed that the adoption had been legally completed under the Hindu Adoption and Maintenance Act (HAMA), 1956, and could not be invalidated on technical grounds

Mumbai: The Bombay High Court has directed the Central Adoption Resource Authority (CARA) to issue a no objection certificate (NOC) to enable an adopted girl to relocate to Australia with her adoptive parents, noting that the child and her adoptive mother had been stranded in India due to procedural hurdles.

Mumbai, India - September 03, 2021: Bombay High Court at Fort, in Mumbai, India, on Friday, September 03, 2021. (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT PHOTO)

A division bench of Justice Ravindra V. Ghuge and Justice Abhay J. Mantri, while hearing a petition filed by the Navi Mumbai-based couple, observed that the adoption had been legally completed under the Hindu Adoption and Maintenance Act (HAMA), 1956, and could not be invalidated on technical grounds.

Quoting a 2016 Supreme Court judgment, the bench observed, “Adopting one child will not change the world; but for that child, the world will change,” while directing authorities to facilitate the process.

The couple had adopted a 45-day-old girl from a close relative in April 2023 through a joint adoption deed executed as per Hindu religious rites. The child was given in adoption by a relative who already had two children and had willingly placed the infant with the couple.

At the time of the adoption, the adoptive father had already acquired Australian citizenship and subsequently, the mother also became an Australian citizen. However, when the couple approached Australian authorities in 2025 to secure citizenship for the child, they were informed that Australia recognises only those foreign adoptions that comply with the Hague Convention. Since the adoption was conducted under HAMA, it was classified as an expatriate adoption and was not automatically recognised.

When the couple approached CARA, they were told that children adopted under HAMA can be taken abroad only after following the procedure under Regulation 68 of the Adoption Regulations, 2022, which requires approval through a recognised adoption agency or the adoption authority in the receiving country.

During the hearing on Monday, CARA informed the high court that it could not issue an NOC without certification from the receiving country as required under the Hague Convention framework. The court, however, termed the authority’s stand “unacceptable”, observing that the adoption was lawful and that refusing permission on technical grounds would effectively defeat the adoption.

The bench noted that inter-country adoption procedures are meant for adoptions routed through statutory mechanisms, and not for adoptions already validly completed under personal law.

The court directed the district magistrate to verify adoption compliances and issue a certificate within 30 days through the District Child Protection Unit. CARA has been directed to issue the NOC within 15 days of receiving the verification report, and inform the immigration authorities of both India and Australia.