There is no provision within the Juvenile Justice (Care and Protection of Children) Act, 2015, or the Adoption Regulations of 2022, that allows for the adoption of a foreign national child by Indian relatives unless the child either requires care and protection or is in conflict with the law determined the Bombay High Court in a recent ruling.

This decision came in response to a Writ Petition submitted by an Indian couple wishing to adopt their biological nephew, a four-year-old U.S. citizen residing with them in India. Justice Revati Dere and Justice Neela Gokhale, presided over the matter.

Stated the bench, “There is no fundamental right of the petitioners to adopt an American Child, which child does not fall within the applicability of the JJ Act and the Regulations thereunder, even if he is born to Indian parents.”

Facts:

The couple based their case on Section 56(2) of the JJ Act, which allows for the adoption of a child by relatives. However, the Central Adoption Resource Authority (CARA) contested this argument, asserting that since the child is not classified as needing “care and protection”, the provisions of the JJ Act and Adoption Regulations are not applicable.

The court recognized that the JJ Act is intended for specific categories of children and highlighted that the Hague Convention prohibits private adoptions or the adoption of foreign national children outside of authorized frameworks.

Further supporting the Central Adoption Resource Authority CARA’s position, the court noted that the definitions in Sections 2(12) and 2(14) of the JJ Act specify the types of children covered, and a foreign citizen child does not meet these criteria for adoption under Indian law.

“There is no provision in the JJ Act nor the Adoption Regulations providing for adoption of a child of foreign citizenship even between relatives, unless the 'child is in need of care and protection' or a 'child is in conflict with law,'" the court stated.

The court also dismissed arguments from the petitioners suggesting that the adoption should be viewed as an “in-country” adoption under Regulation 2(15). It concluded that this interpretation must be aligned with the Act's framework, reiterating that such adoption must regard the child as one needing care and protection or in conflict with the law. “Even if the present adoption is treated as an in-country adoption, the same has to follow the provisions of the parent Act and its applicability,” the court remarked.

The court also rejected the notion that it could exercise its extraordinary jurisdiction to facilitate this adoption process, leading to the dismissal of the writ petition.

Case Details: Abdulkadir Lokhandwala & Anr. v. Central Adoption Resource Authority & Ors.

Writ Petition No. 6658 of 2024