Introduction:

In a significant ruling, the Karnataka High Court has directed the Central Adoption Resource Authority (CARA) to consider the representation of an Indian couple seeking to legalize their adoption of a child from Uganda. The case underscores the complexities surrounding inter-country adoptions and the need for harmonizing legal provisions to ensure the rights of adoptive parents and children.

Arguments:

Advocate Sameer Sharma represented the petitioners, arguing that despite the adoption being legally granted in Uganda, the couple faced hurdles in formalizing the adoption in India due to Uganda not being a signatory to the Hague Convention. On the other hand, Deputy Solicitor General of India H. Shanthi Bhushan, representing the respondents, assured the Court that the Government would issue a support letter but argued against granting a no-objection certificate for the adoption.

Court’s Judgement:

The Karnataka High Court, recognizing the unique circumstances of the case, directed CARA to consider the petitioners’ representation and issue a no-objection certificate within six weeks. The Court emphasized the need to address the lacunae in the law to facilitate the recognition of legally sanctioned adoptions from non-Hague Convention countries. By doing so, the Court upheld the rights of the adoptive parents and ensured the legal status of the adopted child in India.