The Delhi High Court has issued a set of directions to the Central Adoption Resource Authority (CARA) to address eligibility checks, portal errors and delays in inter-country adoption cases. Justice Swarana Kanta Sharma issued the directions while dismissing a plea by Singapore-based prospective adoptive parent Sahil Gupta, who sought to restore the referral of an infant, Baby K, and obtain a No Objection Certificate (NOC) for her adoption.
The judgment, pronounced on October 15, 2026, held that administrative errors could not override the eligibility conditions prescribed under the Adoption Regulations, 2022.
Background
Gupta and his wife registered for inter-country adoption in December 2020. After their second biological child was born in March 2022, Regulation 5(7) of the 2022 Regulations became applicable to their case. It permits couples with two or more children to be considered only for children with special needs or hard-to-place children, subject to specified exceptions.
In January 2026, CARA referred Baby K to Gupta, and he accepted the referral on January 23. However, after repeated exchanges over documents and the pending NOC, CARA rejected his application on March 30, recording its status as “Application Rejected – Withdrawn”. Gupta maintained that he had never withdrawn his application and challenged the decision before the High Court.
The Court held that Gupta was not eligible to adopt Baby K under the applicable regulations because the child’s medical reports classified her health status as normal. It also rejected the argument that the accepted referral and the delay in processing the NOC created an enforceable right to complete the adoption.
Explaining the legal position, the Court observed:
“The fact that Regulation 17(1) uses the word ‘shall’ or prescribes a period of ten days for issuance of the NOC cannot mean that NOC is mandatorily to be granted, even if during this period, it comes to the notice of CARA that the petitioner is ineligible, or that upon expiry of the said period of ten days, the PAPs acquire a right to the NOC, irrespective of their eligibility.”
At the same time, the Court identified administrative lapses, including inadequate eligibility scrutiny, technical inconsistencies during portal migration and inaccurate application-status reporting. It stressed that adoption procedures must operate with transparency and care while protecting the child’s welfare.
The Court directed CARA to verify prospective adoptive parents’ eligibility at registration, Home Study Report revalidation and before generating a child referral. It also ordered an audit of profiles affected by portal migration and required timely NOC processing, written communication of document deficiencies, accurate portal statuses and specific responses to grievances. CARA must also take corrective measures, fix responsibility where necessary, and issue appropriate instructions and standard operating procedures.
The Court vacated its interim order protecting Baby K’s status and directed CARA to take all necessary steps for her placement in adoption in accordance with law.
It dismissed Gupta’s writ petition and pending applications, clarifying that the decision did not reflect adversely on the suitability of Gupta and his wife as prospective adoptive parents.
