Case Note & Summary
The dispute arose from a married couple’s attempt to obtain a No Objection Certificate (NOC) and Conformity Certificate for the inter-country adoption of a female child. The first petitioner, an IT administrator employed in Germany, and his wife, a resident of Bengaluru, both Indian citizens, had adopted the child from a relative in India by executing an adoption deed under the Hindu Adoptions and Maintenance Act, 1956 on 29-03-2023. The deed was registered, and the Deputy Commissioner verified the adoption and recommended necessary action. Despite submitting a representation on 20-06-2023, the District Child Protection Unit did not issue the NOC and conformity certificate, prompting the petitioners to file a writ petition under Articles 226 and 227 of the Constitution seeking a direction to the Union of India (Central Adoption Resource Authority) to issue the certificates. The legal issue before the High Court of Karnataka was whether the petitioners were entitled to the NOC and conformity certificate solely on the strength of the adoption under the Hindu Adoptions and Maintenance Act, 1956, in light of the Adoption Regulations, 2022 and the Hague Convention on Inter‑Country Adoption, 1993. The petitioners argued that the adoption was valid under Indian law, verified by the Deputy Commissioner, and that Regulation 58 of the Adoption Regulations, 2022 required issuance of the NOC within ten days. The respondent contended that inter‑country adoption is governed exclusively by the Hague Convention and the 2022 Regulations, which do not recognize an adoption under the Hindu Adoptions and Maintenance Act for international purposes; the proper procedure required the petitioners to approach the authorized foreign adoption agency in Germany, obtain a certificate under Article 5 or 17 of the Hague Convention, and only then could the Indian authority issue the NOC. The court examined the Hague Convention, emphasizing Articles 5, 17, and 23, which mandate determination of suitability and mutual agreement between the receiving and originating states before an adoption is recognized internationally. It then analyzed the Adoption Regulations, 2022, particularly Regulation 58, which ties the issuance of an NOC to the receipt of a certificate from the receiving country under Article 5 or 17 of the Convention, and Regulations 68 and 69, which prescribe a specific procedure for Hindu prospective adoptive parents habitually residing abroad. The court concluded that the petitioners’ adoption under the Hindu Adoptions and Maintenance Act did not entitle them to bypass the regulatory framework; they were required to follow the prescribed procedure, including engagement with the German authorities, before any NOC could be issued. Consequently, the writ petition was disposed of with directions to the petitioners to comply with Regulations 68 and 69 of the Adoption Regulations, 2022, and to the respondent to consider their representation upon such compliance.
Headnote
A) Family Law - Inter-Country Adoption - Requirement of No Objection Certificate and Conformity Certificate under Adoption Regulations, 2022 - Hindu Adoptions and Maintenance Act, 1956; Juvenile Justice (Care and Protection of Children) Act, 2015, Sections 68(c), 2(3); Adoption Regulations, 2022, Regulations 58, 68, 69; Hague Convention on Inter-Country Adoption, 1993, Articles 5, 17, 23 - Petitioners, an Indian citizen resident in Germany and his wife, adopted a child by executing a deed under the Hindu Adoptions and Maintenance Act, 1956 and sought issuance of NOC and conformity certificate from the Central Adoption Resource Authority - The Authority contended that the adoption was not internationally recognized and that the procedure under the Hague Convention and Adoption Regulations, 2022 must be followed - Held that Regulation 58 mandates issuance of NOC only after obtaining a certificate under Article 5 or 17 of the Hague Convention from the receiving country, and that Hindus habitually residing abroad must follow the procedure under Regulations 68 and 69; the petitioners cannot claim a right to NOC without compliance, and the writ petition was disposed of with directions to follow the prescribed procedure (Paras 6-10).
Issue of Consideration
Whether the petitioners are entitled to a No Objection Certificate and Conformity Certificate for the adoption of a child under the Hindu Adoptions and Maintenance Act, 1956, in the context of inter-country adoption, given the Adoption Regulations, 2022 and the Hague Convention.
Final Decision
Writ petition disposed of. Petitioners directed to follow the procedure under Regulations 68 and 69 of the Adoption Regulations, 2022. Respondent directed to consider the representation upon compliance by the petitioners for issuance of NOC and Conformity Certificate in accordance with law.
Law Points
- Inter-country adoption is governed by the Adoption Regulations
- 2022 and the Hague Convention
- an adoption under the Hindu Adoptions and Maintenance Act
- 1956 does not automatically entitle adoptive parents to a No Objection Certificate
- Regulation 58 of the Adoption Regulations
- 2022 mandates issuance of NOC only upon receipt of a certificate under Article 5 or 17 of the Hague Convention from the receiving country
- Hindus habitually residing abroad must follow the procedure under Regulations 68 and 69
- a writ of mandamus cannot be issued to bypass statutory procedure.
