Evolve mechanism to ascertain medical condition of adopters: HC orders Cara

Published on Feb 25, 2020 05:41 PM IST
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ByKanchan Chaudhari, Mumbai

The Bombay high court has directed the Central Adoption Resource Authority (Cara) to evolve a mechanism to ensure that all important aspects of adoption proposals, including medical condition of prospective adopters, are taken into consideration before granting non-objection certificate (NOC) for an adoption. This comes after Cara cleared the adoption of an Indian child by a Belgian couple though both of them suffered from serious health conditions.

“Considering what has happened in the present case, things cannot be left as they stand,” said justice GS Kulkarni and directed the ministry of women and child development to “oversee and have random surveys of Cara’s functioning at all levels by debuting appropriate officers from the ministry.”

Justice Kulkarni stated that Cara, in August 2019, had granted NOC for the adoption of a three-year-old Indian boy by a Belgian couple, without analysing the health conditions of the adopters. While the man had an inherited disorder, Charcot Marie Tooth, his wife had undergone a heart transplant, had a pacemaker and required continuous medication.

The court thus summoned Cara director Sanjay Barshilia and joint director Dr. Jagannath Pati. Both appeared before the court on February 17 and agreed that there were serious lapses in the case and adoption proposals should have been handled more carefully and sensitively. Barshilia also informed the court that the NOC granted to the Belgian couple will be revoked.

Justice Kulkarni said Cara is expected to scrutinise every proposal with all facets, particularly the medical condition of adoptive parents. “It is expected that the reports are placed before medical experts for their comments/observations in context of the future of the child to be given in adoption,” he added.

The judge said that reports from medical experts should be included in the adoption file, so that the court concerned will not have difficulty in proceeding with the proposal. Under the law, high courts are required to approve both intra-country and international adoptions.

The court posted the matter for further hearing on March 26, for enabling Cara to place before the court the mechanism adopted by it.

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