Recently, a petition is filed by a Christian Couple to validate the adoption of a child. According to the facts of the case, the couple adopted a minor child who was born on December 11, 2014 from Punjab. The biological parents of the child got the legal formalities done for completion of the adoption of the child with them by preparing an adoption deed which was signed and executed between the biological and the adoptive parents of the child. The adoption deed was duly witnessed by the village sarpanch as well as the relative-social worker and was then registered din December 18, 2014 under the provisions of the Hindu Adoptions and Maintenance Act, 1956.
As the couple are the US citizens while their parents reside in Kerala, therefore, since adoption, the child is living with the grandparents in Kerala as the couple was not able to obtain the passport for the child till date. Now the child herself is aged more than six and the couple claim that they are visiting her regularly, on an annual basis, and are also in touch with her through electronic platforms
The main issue of the case was that the couple was not able to get the claim the declaration of parent hood as the court in Punjab stated that Hindu Adoptions and Maintenance Act, 1956 does not apply on the Christians. However, when the matter went to the High Court of Delhi, the Judge stated that the welfare of the child is paramount in such cases and the validity of the rejection of the NOC by CARA is to be examined by the Court. No coercive measures shall be taken pursuant to the letter dated March 2, 2020, against the petitioners, the child, their relatives, or any person who facilitated the adoption.
Therefore, The Delhi High Court has issued notice to the Central Adoption Resource Authority (CARA) on a plea by a Hindu couple, living in the U.S., seeking a no-objection certificate (NOC) to adopt a child born to Christian parents.
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