Bombay High Court Orders CARA to Clear Adoption for Relocation to Australia
HC directs CARA to clear adopted child’s relocation to Australia
Hindustan Times
Image: Hindustan Times
The Bombay High Court has ordered the Central Adoption Resource Authority (CARA) to issue a no objection certificate (NOC) for an adopted girl to relocate to Australia with her adoptive parents. The court emphasized the legality of the adoption under the Hindu Adoption and Maintenance Act (HAMA) despite procedural challenges.
- 01The Bombay High Court directed CARA to issue an NOC for an adopted child's relocation to Australia.
- 02The adoption was legally completed under the Hindu Adoption and Maintenance Act (HAMA), 1956.
- 03The couple faced procedural hurdles due to Australia's recognition of adoptions under the Hague Convention.
- 04The court criticized CARA's refusal to issue an NOC based on technical grounds.
- 05CARA must inform immigration authorities in India and Australia after issuing the NOC.
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The Bombay High Court in Mumbai has instructed the Central Adoption Resource Authority (CARA) to issue a no objection certificate (NOC) allowing an adopted girl to move to Australia with her adoptive parents. The court noted that the adoption was legally finalized under the Hindu Adoption and Maintenance Act (HAMA), 1956, and should not be invalidated due to procedural issues. The couple, who adopted the girl from a close relative in April 2023, encountered challenges when seeking Australian citizenship for the child. They were informed that Australia only recognizes adoptions compliant with the Hague Convention, which did not apply in this case. CARA had initially stated that it could not issue the NOC without certification from the receiving country, but the court found this stance unacceptable. The court mandated the district magistrate to verify the adoption and issue a certificate within 30 days, while CARA must provide the NOC within 15 days of receiving this verification, ensuring that both Indian and Australian immigration authorities are notified.
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This ruling facilitates the relocation of adopted children, ensuring that legal adoptions are recognized despite procedural challenges, which could benefit many families in similar situations.
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