The Delhi High Court has instructed the Central Adoption Resource Authority (CARA) to provide a No Objection Certificate (NOC) for moving a minor child to Canada. This decision emphasizes that CARA cannot bypass adoption regulations by issuing a mere “support letter.” The court’s ruling came in response to adoptive parents’ plea seeking CARA’s NOC for their minor daughter adopted under the Hindu Adoptions and Maintenance Act, 1956 (HAMA).
CARA’s refusal to issue the NOC and its issuance of a “support letter” instead, led to the rejection of the child’s relocation application on the CARA portal. The High Court stated that CARA must ensure compliance with the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption after completing the verification process. The child, adopted in 2019 under Sikh customs, was born in 2018, with the adoption deed executed in February 2021 before the Adoption (Amendment) Regulations, 2021 came into effect.
Following the adoption, the parents initiated the relocation process to Canada through a recognized foreign adoption agency. Despite a verification report from the Ferozepur District Magistrate in April 2022, CARA issued a “support letter” instead of the required NOC. The Delhi High Court rejected CARA’s stance, emphasizing that the regulations clearly outline obligations for cases like these. Justice Datta highlighted that CARA must comply with the Hague Convention’s Articles 5 and 17 and proceed to issue the NOC once the verification report is submitted.
The court deemed CARA’s approach as unacceptable, stating that it goes against the regulations by leaving parents in uncertainty with just a support letter. It clarified that CARA cannot avoid its responsibilities by claiming jurisdictional issues over HAMA adoptions. Stressing the child’s welfare, the High Court emphasized the importance of coordination between Indian and foreign authorities under the Hague Convention. It directed CARA to liaise with Canadian authorities to ensure compliance with all regulatory requirements in Canada and issue the NOC to the petitioners upon completion of formalities.
