Indian authorities can’t approve adoption of child of foreign citizenship: HC

Neither the JJ Act nor the adoption regulations cover adoption of a child born in the US, the court said

MUMBAI: The Bombay high court on Wednesday ruled that authorities in the country cannot permit an Indian couple to adopt a child of foreign citizenship, even if related to them, as there is no provision for the same in the Juvenile Justice (Care and Protection of Children) Act or existing adoption regulations.

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“There is no provision in the JJ Act nor the adoption regulations providing for adoption of a child of foreign citizenship even between relatives, unless it’s a ‘child in need of care and protection’ or a ‘child in conflict with law’,” the division bench of justices Revati Mohite Dere and Neela Gokhale said while dismissing a petition filed by a Pune-based couple.

The couple, married in 2011, wanted to adopt the six-year-old son of the woman’s sister, who lives in the United States. They initially approached the district court in Pune seeking to adopt their ‘relative’ as Muslims do not have a codified law regulating adoption.

In 2024, while their plea was pending before the district court, the Central Adoption Resource Agency (CARA) refused to register them as prospective adoptive parents or issue a pre-approval letter to facilitate the adoption, on grounds that the 2022 adoption regulations did not permit adoption of an American citizen. The couple then approached the high court.

Advocate Shirin Merchant, appearing for the couple, insisted that the case was that of an in-country adoption, as both the adoptive parents and the biological parents of the child were Indian citizens. The JJ Act defines “in-country” adoption as adoption of a child “by a citizen of India, residing in India” and section 56 of the Act allows adoption between relatives, Merchant said.

The court, however, accepted the argument advanced on behalf of CARA, that neither the JJ Act nor the adoption regulations cover the adoption of a child born in the US and as such is an American citizen.

The bench also rejected the petitioner’s plea that since the JJ Act does not cover the situation involved in the case, the high court should exercise its extraordinary jurisdiction to allow the adoption and issue necessary directions to CARA.

The predicament of the couple could be resolved by applying for Indian citizenship for the child, then following the procedure under the JJ Act or applying for adoption of the child in the US under laws applicable in that country, the court said.