Introduction:

In a recent directive, the Karnataka High Court addressed a couple’s plea for intercountry relative adoption, emphasizing adherence to established procedures. The petitioners sought a No Objection Certificate (NOC) and Conformity Certificate for their adopted child, but the court ruled in favor of following the Hague Convention’s guidelines. The case, titled “ABC and Union of India,” underscores the court’s commitment to international adoption protocols.

Arguments:

The couple approached the court seeking direction on their representation for the issuance of an NOC and Conformity Certificate. The District Child Protection Unit’s refusal to provide these certificates prompted the plea. The respondents argued that inter-country adoption adheres to the Hague Convention, requiring the petitioners to communicate with the country where the father resides. They stressed that the established procedure, involving communication under adoption regulations, must be followed to obtain the necessary certificates.

Court’s Judgement:

The court acknowledged the significance of the Hague Convention, emphasizing the recognition of a child’s right to grow up in a family environment. Citing regulations issued under the Juvenile Justice Act, the court outlined the necessity of a No Objection Certificate for intercountry adoption. It held that deviating from the stipulated procedure would undermine the purpose of the regulations. Consequently, the court directed the petitioners to approach authorities in Germany, under the Hague Convention, for communication to India, leading to the issuance of an NOC and Conformity Certificate by CARA upon receipt of the communication.