The Bombay High Court, in a significant ruling, stated that relatives residing in India can adopt a foreign national child only if the child is "in need of care and protection" or "in conflict with law" as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and Adoption Regulations, 2022.
This judgment was delivered by a bench of Chief Justice Alok Aradhe and Justice Neela Gokhale while dismissing the petition filed by a couple seeking permission to adopt their four-year-old nephew, born in the United States and currently residing with them in India.
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“There is no fundamental right of the petitioners to adopt an American child, especially when that child does not fall within the applicability of the JJ Act and its regulations,”
― Bombay High Court
The petitioners invoked Section 56(2) of the JJ Act, which allows for adoption of a child by relatives. However, the Central Adoption Resource Authority (CARA) argued that since the child is not in need of care and protection, the JJ Act and the Adoption Regulations do not apply.
The Court agreed with CARA and observed that Sections 2(12) and 2(14) of the JJ Act define the categories of children to whom the Act applies, and a foreign citizen child who does not fall within these definitions cannot be adopted under Indian law.
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“There is no provision under the JJ Act or the Adoption Regulations that allows adoption of a foreign national child, even among relatives, unless the child is in need of care and protection or in conflict with law.”
― Bombay High Court
The petitioners had also argued that this should be treated as an “in-country” adoption under Regulation 2(15). The Court rejected this argument and clarified that the term must be interpreted in the context of the Act and cannot extend beyond its scope.
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“Even if this is treated as an in-country adoption, it must follow the provisions and applicability of the parent Act. Thus, in-country adoption must also refer to a child in need of care and protection or in conflict with law.”
― Bombay High Court
The Court also dismissed the argument that it had the extraordinary jurisdiction to issue directions to CARA to allow the adoption.
Consequently, the petition was dismissed.
Case Title: Abdulkadir Lokhandwala & Anr. v. Central Adoption Resource Authority & Ors. [Writ Petition No. 6658 of 2024]