Is NOC from CARA mandatory for adoption: Punjab and Haryana HC to Centre
4 years, 10 months ago

Is NOC from CARA mandatory for adoption: Punjab and Haryana HC to Centre

Hindustan Times  

The Punjab and Haryana high court has asked ministry of external affairs to apprise it whether for adoption under the Hindu Adoption and Maintenance Act -1956, no objection certificate from the Central Adoption Resource Authority is mandatory. As per petitioner girl’s advocate SS Nara, Section 56 of the JJ Act 2015 states that the provisions of the JJ Act would not be applicable to the adoption of children made under the provisions of HAMA, latter being a ‘special law’. On the other hand, Central government counsel had argued it is a mandatory procedure for the adoption to be ratified by CARA, even though JJ Act would not be applicable to an adoption under HAMA. The bench of justice Jaishree Thakur sought Centre’s response observing that a pertinent question has been raised whether an NOC is to be obtained and whether the provisions of the JJ Act would apply to adoptions under HAMA.

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History of this topic

Plea Filed In Supreme Court For Issuance Of OBC Certificates To Children Of Single Mothers Without Certificate From Paternal Side; Notice Issued
1 month, 3 weeks ago

Plea Filed In Supreme Court For Issuance Of OBC Certificates To Children Of Single Mothers Without Certificate From Paternal Side; Notice Issued

Live Law  

The Supreme Court on Friday issued notice on a PIL seeking amendment in the guidelines for grant of OBC certificates to children of single mothers, so that the same can be issued based on OBC certificates of the single mothers, without insistence on certificates from the paternal side. The petitioner, a retired teacher from MCD, claims that as per existing …

Rights Of Adopted Children Of Citizens Can't Be Marooned: Karnataka HC Directs CARA To Consider Granting NOC For Child Adopted From Non-Hague Convention Country
1 year ago

Rights Of Adopted Children Of Citizens Can't Be Marooned: Karnataka HC Directs CARA To Consider Granting NOC For Child Adopted From Non-Hague Convention Country

Live Law  

The Karnataka High Court has directed the Central Adoption Resource Authority to consider the representation of a couple who are Indian Citizens and have adopted a child in Uganda, a country which is not a signatory to the Hague Convention 1995 and seeking to legalise the adoption in India in terms of Juvenile Justice Act, 2015 and the Adoption Regulations …

Hindu Adoption & Maintenance Act | Presumption Of Validity Operates In Favour Of Registered Adoption Deed, Strict Proof Not Required: Karnataka HC
1 year, 1 month ago

Hindu Adoption & Maintenance Act | Presumption Of Validity Operates In Favour Of Registered Adoption Deed, Strict Proof Not Required: Karnataka HC

Live Law  

The Karnataka High Court has said that a strict burden of proof for an adoption cannot be insisted upon when the adoption deed is registered. A single judge bench of Justice HP Sandesh allowed an appeal filed by MG Purushotham who had challenged the order of the trial court and the first appellate court allowing the suit filed by NK …

Supreme Court Issues Directions To Expedite Adoption Process; Directs States To Conduct Drives To Identify Children, Establish Adoption Agencies
1 year, 4 months ago

Supreme Court Issues Directions To Expedite Adoption Process; Directs States To Conduct Drives To Identify Children, Establish Adoption Agencies

Live Law  

The Supreme Court on Monday directed the Secretary in charge of nodal departments responsible for the implementation of the Juvenile Justice Act in all States to carry out bi-monthly identification drives to identify children who were orphaned, abandoned, or surrendered so that such children could enter the loop of adoption in India. The bench comprising CJI DY Chandrachud, Justice JB …

All about CARA, India’s adoption regulation body | Explained
1 year, 4 months ago

All about CARA, India’s adoption regulation body | Explained

The Hindu  

The story so far: To adopt a child, India’s almost 30,000 prospective parents wait for an average of three years. CARA is the nodal body regulating the adoption of “orphaned, surrendered and abandoned children” in India. Adoption agencies urged the court to review the regime, “with a particular reference to the CARA’s status and functioning and the procedural hindrances to …

Delhi High Court Directs CARA To Issue NOC To NRI Couple For 2011 Adoption
2 years, 2 months ago

Delhi High Court Directs CARA To Issue NOC To NRI Couple For 2011 Adoption

Live Law  

Directing CARA to issue an NOC within 30 days to an NRI couple for adoption of a child, the Delhi High Court in a ruling said the application being prior to the coming into force of Adoption Regulations, 2022, the "adoption would not be strictly required to be dealt with in the procedure prescribed in the said Regulations." "The Court …

Hindu Adoptions & Maintenance Act Does Not Envisage Agreement To Adopt 'Unborn Child': Punjab & Haryana High Court
2 years, 9 months ago

Hindu Adoptions & Maintenance Act Does Not Envisage Agreement To Adopt 'Unborn Child': Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a case of adoption of an unborn child, held that no such provision as to give effect to adoption of an unborn child is envisaged under the Hindu Adoptions and Maintenance Act, 1956. The court further noted that there is no registered document available regarding the factum of adoption as per …

Child welfare council lacks statutory recognition, says family court
3 years ago

Child welfare council lacks statutory recognition, says family court

The Hindu  

The legality of adoptions facilitated by the Kerala State Council for Child Welfare, Thiruvananthapuram, has come under cloud, with a court ruling that the agency lacked the mandatory recognition for facilitating adoptions. It was while considering the recent adoption procedures initiated by the Council in the case of four abandoned children that the court issued the order. In its order …

'CARA Extremely Callous In Complying With Court's Directions, Unnecessarily Harassing Adoptive Parents': Delhi HC Summons CEO, Member Secretary
3 years, 4 months ago

'CARA Extremely Callous In Complying With Court's Directions, Unnecessarily Harassing Adoptive Parents': Delhi HC Summons CEO, Member Secretary

Live Law  

The Delhi High Court has observed that the Central Adoption Resource Authority has been extremely callous in its approach towards compliance of a judicial order, requiring the authority to frame guidelines for inter-country adoptions under Hindu Adoptions & Maintenance Act.It further noted that the authority had been unnecessarily harassing the Petitioners, who are. The Delhi High Court has observed that …

‘Mechanism for NOCs to take children adopted under HAMA abroad soon’
3 years, 6 months ago

‘Mechanism for NOCs to take children adopted under HAMA abroad soon’

The Hindu  

The Women and Child Development Ministry would be bridging the legislative gap between the Hindu Adoptions and Maintenance Act and the Juvenile Justice Act, 2015 that has so far forced adoptive parents under HAMA to move court for permission to take their child abroad, WCD Ministry sources said on Tuesday. But, in the case of adoptions under HAMA, parents were …

Inter-Country Adoptions: Delhi High Court Asks Centre To Submit its Report On A Permanent Mechanism To Deal With Inter-Country Adoptions
3 years, 6 months ago

Inter-Country Adoptions: Delhi High Court Asks Centre To Submit its Report On A Permanent Mechanism To Deal With Inter-Country Adoptions

Live Law  

The Delhi High Court has directed the Secretary, Ministry of Women and Child Development, Government of India to file a report before it regarding the manner and mode of creating a permanent mechanism to deal with inter-country adoptions under Hindu Adoptions & Maintenance Act, both direct and indirect, within a period of two months.In order to ensure the welfare of …

Adoption authority gets HC notice on plea
3 years, 11 months ago

Adoption authority gets HC notice on plea

The Hindu  

The Delhi High Court has issued notice to the Central Adoption Resource Authority on a plea by a Hindu couple, living in the U.S., seeking a no-objection certificate to adopt a child born to Christian parents. “The present petition raises an issue of enormous importance as it relates to a legal vacuum in respect of adoptions carried out prior to …

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court
4 years ago

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court

Live Law  

The Bombay High Court recently refused permission to a couple to take custody over a two-year-old child on the strength of a "notarised adoption deed". A Bench of Justices SS Shinde and Manish Pitale ruled, "We are of the opinion that by merely executing a notarized document purporting to be an Adoption Deed, the petitioners cannot claim that they have …

Legal Vacuum In Respect Of Adoptions Carried Out By Christian Parents Prior To 2016: Delhi High Court Seeks Response From Centre, CARA
4 years ago

Legal Vacuum In Respect Of Adoptions Carried Out By Christian Parents Prior To 2016: Delhi High Court Seeks Response From Centre, CARA

Live Law  

The Delhi High Court has granted protection to a US-based Indian Christian couple, apprehending legal action for adopting a child in India in the year 2014, under the Hindu Adoptions and Maintenance Act, 1956. A Single Bench of Justice Pratibha M. Singh noted that prior to coming into effect of the Juvenile Justice Model Rules in 2016, there was no …

No Requirement Of NOC From CARA Where Adoptive Parents Are Indians: Punjab And Haryana HC[Read Order]
4 years, 7 months ago

No Requirement Of NOC From CARA Where Adoptive Parents Are Indians: Punjab And Haryana HC[Read Order]

Live Law  

The Punjab and Haryana High Court areheld that the Juvenile Justice Act, 2015 would not apply in cases of inter-country adoption of children being given directly by parents to relatives/known people under the Hindu Adoption and Maintenance Act, 1956. "A perusal of the J.J. Act, 2015 shows that it is a special provision for a limited class of children, those …

[Hindu Adoption and Maintenance Act] Consent Of Wife, Actual Ceremony Of Adoption Essential For Valid Adoption: SC [Read Judgment]
5 years ago

[Hindu Adoption and Maintenance Act] Consent Of Wife, Actual Ceremony Of Adoption Essential For Valid Adoption: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the consent of the wife of the adopter and actual ceremony of adoption is essential for a valid adoption as per Hindu Adoption and Maintenance Act. While dismissing her appeal, the Apex court bench of Justices L. Nageswara Rao and Deepak Gupta noted that the plaintiff had admitted in her evidence that she does …

Foreigner Should Get NOC From Diplomatic Mission Of His/Her Country To Adopt An Indian Child: SC [Read Order]
5 years, 9 months ago

Foreigner Should Get NOC From Diplomatic Mission Of His/Her Country To Adopt An Indian Child: SC [Read Order]

Live Law  

The Supreme Court has observed that the requirement of "No Objection Certificate" from the diplomatic mission of the country where the foreigner or the person requesting adoption resides, under Section 59 of the Juvenile Justice Act, 2016, cannot be waived. Karina Jane Creed had approached the Apex Court after the Delhi High Court dismissed her writ Petition seeking a direction …

'Adoption Regulations Discriminatory For Not Recognising Christian Personal Law', Plea In Jharkhand HC Challenges Section 56(3) JJ Act [Read Petition]
6 years, 2 months ago

'Adoption Regulations Discriminatory For Not Recognising Christian Personal Law', Plea In Jharkhand HC Challenges Section 56(3) JJ Act [Read Petition]

Live Law  

A couple, who claims to have adopted a child as per Christian personal law, has approached the Jharkhand High Court challenging Section 56 of the Juvenile Justice Act 2015 and certain provisions of the Adoption Regulations 2017 as arbitrary and discriminatory.On January 11, the DB of Chief Justice Aniruddha Bose and Justice H C Mishra issued notice to Attorney General …

Centre to make registration of adoption under Hindu law mandatory to check trafficking
7 years, 4 months ago

Centre to make registration of adoption under Hindu law mandatory to check trafficking

Firstpost  

Parents adopting a child under Hindu Adoption and Maintenance Act could be required to mandatorily register with country’s apex adoption body New Delhi: Parents adopting a child under the Hindu Adoption and Maintenance Act could soon be required to mandatorily register the adoption with country’s apex adoption body as part of efforts to check trafficking, a senior government official said. …

Delhi HC Unites Child With Adoptive Parents In Germany [Read Judgment]
7 years, 4 months ago

Delhi HC Unites Child With Adoptive Parents In Germany [Read Judgment]

Live Law  

Bringing an end to the uncertainty surrounding a minor, who awaited a no-objection certificate from the Central Adoption Resource Authority to be able to unite with his adoptive parents in Germany, the Delhi High Court has directed that the same be issued to the adoptive parents in two weeks after which the minor be issued passport to travel to his …

Delhi HC Unites Child With Adoptive Parents In Germany [Read Judgment]
7 years, 4 months ago

Delhi HC Unites Child With Adoptive Parents In Germany [Read Judgment]

Live Law  

Bringing an end to the uncertainty surrounding a minor, who awaited a no-objection certificate from the Central Adoption Resource Authority to be able to unite with his adoptive parents in Germany, the Delhi High Court has directed that the same be issued to the adoptive parents in two weeks after which the minor be issued passport to travel to his …

Centre decides to waive off adoption fee for foreigners
8 years, 2 months ago

Centre decides to waive off adoption fee for foreigners

Deccan Chronicle  

New Delhi: In a move that will encourage adoptions in a big way, the government has decided to do away with the adoption fee for foreigners which they had to pay if they wanted to take their adopted children abroad with them. They added that the surety bond was irrelevant as the prospective adoptive parents are under scrutiny by the …

No Adoption to Foreign couples without NOC from CARA
8 years, 7 months ago

No Adoption to Foreign couples without NOC from CARA

Live Law  

The Ministry of Women and Child Development had issued the Model Guidelines for Foster Care, 2015 to be adopted/adapted by the States/UTs as per their requirement.Central Adoption Resource Authority has reported that the indulgence of adoption placement agencies in malpractices in offering children for adoption to foreign couples without the permission of their biological parent. Central Adoption Resource Authority has …

No Adoption to Foreign couples without NOC from CARA
8 years, 7 months ago

No Adoption to Foreign couples without NOC from CARA

Live Law  

The Ministry of Women and Child Development had issued the Model Guidelines for Foster Care, 2015 to be adopted/adapted by the States/UTs as per their requirement.Central Adoption Resource Authority has reported that the indulgence of adoption placement agencies in malpractices in offering children for adoption to foreign couples without the permission of their biological parent. Central Adoption Resource Authority has …

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