Supreme Court Directs CARA to Simplify Inter-Country Adoption Process

SAKSHI PARDHE

27 MARCH 2025

The Central Adoption Resource Authority (CARA) has faced judicial scrutiny regarding the issuance of No Objection Certificates (NOCs) for inter-country adoptions. In October 2023, the Delhi High Court criticized CARA for issuing mere support letters instead of the mandated NOCs, emphasizing that the adoption process should not be unduly burdensome for prospective adoptive parents. The court highlighted that CARA is obligated to issue NOCs to applicants from countries that have ratified the Hague Adoption Convention and questioned the rationale behind providing support letters despite complete documentation.

Earlier, in January 2023, the Delhi High Court directed CARA to issue an NOC within 30 days to an NRI couple for an adoption initiated in 2011. The court noted that since the adoption predated the Adoption Regulations of 2022, the procedure outlined in the new regulations was not strictly applicable.

Additionally, in March 2024, the Karnataka High Court instructed CARA to consider granting an NOC to a couple who adopted a child from Uganda, a non-Hague Convention country. The court emphasized that the rights of adopted children of Indian citizens should not be neglected, even when the adoption occurs in a country not party to the Hague Convention.

These judicial directives underscore the need for CARA to streamline its processes and ensure that bureaucratic hurdles do not impede the adoption process, thereby safeguarding the welfare of children and respecting the rights of adoptive parents.​

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