Case Note & Summary
The case involved an appeal against the rejection of applications filed by the appellant under the Guardians and Wards Act, 1890, seeking to be appointed as the guardian of a 10-year-old orphan child named Tina and to take her out of India for adoption. The trial court and the High Court had rejected the applications primarily on the grounds of the appellant's age, which exceeded the maximum permissible age for single adoptive parents as per government guidelines. The appellant, aged 53, had received a no objection certificate from the Central Adoption Resource Authority (CARA), which was not considered by the High Court due to a lack of evident reasons for the relaxation. The Supreme Court noted the evolving legal framework surrounding inter-country adoption, referencing the landmark case of Lakshmi Kant Pandey v. Union of India, which established guidelines to prevent abuse in the adoption process. The court emphasized that the guidelines of 2006 and subsequent amendments under the Juvenile Justice Act, 2000, provided a structured approach to adoption, including the establishment of CARA. The court found that the appellant had complied with all necessary procedures and that the objections raised by a non-governmental organization regarding the legality of inter-country adoption were unsubstantiated. Ultimately, the Supreme Court set aside the lower court orders, appointed the appellant as the legal guardian of Tina, and granted permission for the adoption, directing CARA to issue the necessary conformity certificate. The decision underscored the importance of considering the best interests of the child in adoption matters.
Headnote
A) Guardianship Law - Appointment of Guardian - Eligibility of Single Parent - Guardians and Wards Act, 1890, Sections 7, 26 - The court considered the eligibility of a single prospective adoptive parent aged 53 years to adopt a child, despite government guidelines setting a maximum age of 45. The court found that the no objection certificate from CARA provided a basis for relaxation of age limits, thus allowing the adoption process to proceed. Held that the appellant was entitled to be appointed as guardian and permitted to adopt (Paras 3, 11).
Issue of Consideration
Whether the appellant, a single prospective adoptive parent, could be appointed as the guardian of a minor child and permitted to take the child out of the country for adoption despite age restrictions.
Final Decision
The Supreme Court set aside the orders of the trial court and High Court, appointed the appellant as the legal guardian of Tina, and granted permission for the adoption, directing CARA to issue the necessary conformity certificate.
Law Points
- Guardianship
- Adoption
- Inter-country Adoption
- Guidelines for Adoption
- Juvenile Justice Act
- 2000
