Bombay High Court Rejects Indian Couple’s Plea To Adopt US Citizen Relative

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In a significant ruling, the Bombay High Court has dismissed a petition filed by an Indian couple seeking to adopt their relative’s son, who is a United States citizen by birth. The court clarified that Indian law does not permit adoption of foreign nationals unless specific legal conditions are met.

Legal Highlights From The Judgment

- The child, born in the US in 2019, has been living with the couple in India since infancy
- The Central Adoption Resource Agency (CARA) refused to register the couple as adoptive parents, citing non-compliance with adoption regulations
- The Juvenile Justice Act and Adoption Regulations only allow adoption of foreign children if they are in need of care and protection or in conflict with law
- The court stated that there is no fundamental right under Indian law to adopt a foreign national child, even if related by blood

Court’s Directive And Next Steps

- The bench, comprising Justices Revati Mohite Dere and Neela Gokhale, ruled that the couple must first adopt the child under US law
- Only after completing the legal process in the United States can the couple initiate post-adoption procedures in India
- The court declined to exercise extraordinary jurisdiction, emphasizing the need to respect international adoption protocols

Outlook

This ruling reinforces the importance of adhering to both domestic and international legal frameworks in cross-border adoption cases. It also sets a precedent for future petitions involving foreign-born children and Indian guardians.

Sources: NDTV, Telegraph India, Hindustan Times, MSN India, BW Legal World