Punjab & Haryana High Court Seeks Clarification on NOC for International Adoption
In a case highlighting the legal complexities of inter-country adoption, the Punjab and Haryana High Court has sought clarification from the Central Government regarding the requirement of a No Objection Certificate (NOC) for relocating adopted children abroad.
The order was passed by Justice Jagmohan Bansal while hearing a petition filed by an Indian woman residing in Australia who sought permission to relocate her two adopted nieces.
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Background of the Case
The petitioner, a 42-year-old Indian citizen currently living in Queensland, Australia, had adopted her two minor nieces through a traditional ceremony in Kurukshetra in November 2023. The adoption was later formalized through a registered adoption deed under the Hindu Adoptions and Maintenance Act 1956.
After the adoption, the petitioner sought to take the children to Australia so they could live with her as their adoptive mother.
However, the Australian authorities required a No Objection Certificate from the Central Adoption Resource Authority (CARA) before allowing the children to immigrate.
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Legal Issue Before the Court
Despite the children holding valid Indian passports and Aadhaar cards recognizing the petitioner as their mother, they were unable to travel abroad because the required NOC had not been issued.
The petitioner approached the High Court seeking directions to the authorities to issue the NOC necessary for inter-country relocation.
The case raises an important legal question:
whether Central Adoption Resource Authority is obligated to issue an NOC in cases where adoption has already been legally completed under Indian personal laws.
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Concerns Raised in the Petition
The petitioner’s counsel argued that the children’s welfare required urgent relocation. According to the petition:
The children currently live in India without a permanent guardian.
Their biological father has remarried.
Their education, health, and overall safety depend on moving to Australia with their adoptive mother.
It was also pointed out that the children’s academic year would end in March 2026, after which they may not have suitable living arrangements in India.
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Hague Convention Requirement
During the proceedings, the issue of compliance with Articles 5 and 17 of the Hague Adoption Convention was discussed. These provisions relate to procedural safeguards in inter-country adoptions.
However, the petitioner argued that such certificates are not typically issued in cases where adoption takes place under Indian personal laws such as the Hindu Adoptions and Maintenance Act.
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Court’s Direction
While hearing the matter, the counsel representing the Union of India requested time to obtain instructions from the government regarding the issuance of the NOC.
The High Court accepted the request and adjourned the case for further hearing, seeking clarification on the procedural requirements involved in international relocation after adoption.
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Significance of the Case
This case highlights the legal challenges that arise when domestic adoption under Indian law intersects with international immigration requirements.
The outcome of the case may clarify:
The role of CARA in inter-country relocation of adopted children
Procedural requirements for NOCs in such situations
The legal framework governing international adoption involving Indian citizens
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Conclusion
The Punjab and Haryana High Court’s intervention underscores the importance of balancing procedural requirements with the welfare of adopted children. The case is expected to bring clarity to the process of relocating adopted children abroad when adoption has already been legally completed under Indian law.
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