Delhi HC asks CARA to file status report of pending applications for inter-country adoption

The Delhi High Court on Wednesday asked Central Adoption Resource Authority (CARA) to file a status report mentioning the details of the number of applications that are pending for inter-country adoption and the time period for which they have been pending with the Authority.

Justice Pratibha M Singh asked CARA to file a status report in respect of the implementation of the steps be placed on record within two weeks.

The Court also said that in the status report, CARA shall also mention the details of the number of applications that are pending for inter-country adoption and the time period for which they have been pending with CARA.

In the case of all inter-country adoption applications which are pending, CARA shall inform the parties concerned about the 2021 Regulations so that the said applications can also be processed towards the issuance of NOCs.

The Court also asked CARA to consider implementing various steps to provide assistance and enable adoptive and biological parents to obtain the required certification and obtain no-objection from both District Magistrates as also the foreign authorities.

The Court issued various directions which include the creation of a database of all SDMs/District Magistrates as also the State Adoption Resource Agencies and District Child Protection Unit who will need to be contacted for the purpose of verification and issuance of certificates and Publication of such a database on CARA's website.

Besides these, the Court also asked to create a help desk at CARA which shall be available both physically and online. The help desk/helpline should have a 24-hour helpline, considering the time differences in different jurisdictions. This would enable adoptive parents to contact CARA as per their convenience. The feasibility of the same shall be reviewed by CARA and shall be submitted before this Court by way of a status report.

CARA shall also consider permitting advocates/lawyers to appear as authorized representatives to coordinate and facilitate the various formalities that are required to be undertaken, the Court said.

It also directed that a mechanism be created to enable biological or adoptive parents to appear even virtually or be available telephonically, whenever CARA requires to contact them or interact with them.

The Court also asked that all communications with foreign authorities or District Magistrates or any other parties made by CARA shall also be copied by an e-mail to the party concerned as also their authorized representatives so that the procedure being followed and the progress of the application is within their knowledge as well. This would also enable the parties concerned to follow up with the concerned foreign authority or with the District Magistrate for issuance of the certification.

The Court has listed the matters for further hearing on December 20, 2021.

The direction came while the Court was hearing a petition relating to the international adoption of Indian children. The Court noted that the main issue that arises for the applicants is the obtaining of verification from the concerned SDMs/DMs in terms of Schedules XXXIII and XXXIV of the 2021 Regulations.

The second issue that arises is also as to the manner in which the coordination is to be effected between the adoptive child, adoptive parents, the relevant foreign agencies, CARA and the biological parents, the Court noted.

( With inputs from ANI )

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