2 min readNew DelhiJun 3, 2016 04:57 AM IST
First published on: Jun 3, 2016 at 04:57 AM IST
Nine years after initiating proceedings to adopt a child from Uttar Pradesh, a Canadian resident may finally get custody of the child, with the Delhi High Court Thursday reserving its judgment on a plea against the “red tape” thrown up by the Central Adoption Resource Agency (CARA).
Five separate pleas field by adoptive parents settled abroad were disposed of Thursday by the bench of Justice Manmohan, who also asked the central government to “streamline” the process of intercountry adoption.
“Safeguards are required but safeguards should not lead to harassment,” observed the bench, which has asked the Ministry of Women and Child Development and CARA to “streamline” the system.
The bench took note of suggestions given by Amicus Curiae, senior advocate Amit Sibal, who had been asked to look into the adoption process and give suggestions.
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The government had stalled the adoption process for the adoptive NRI parents on the grounds that they required a no-objection certificate (NOC) from CARA.
The pleas by the parents, filed through advocate Karan S Thukral, had claimed that they had adopted children from their relatives or known persons, but CARA had refused to issue NOCs.
The bench has now asked CARA to facilitate the process for the petitioner in the main plea, who had initiated adoption proceedings in 2007. The bench also noted that the child adopted by the Canadian resident was now 16 years old, and had been denied permission to go to the country of adoption so far. The bench has said that it would issue directions to the government on the larger issue of guidelines for adoption.
The court also suggested that CARA and the Ministry of Women and Child Development could consider asking the anti-human trafficking unit (AHTU) of the Union home ministry for help to verify potential adoptive parents. “You should primarily write to them. They have bilateral agreements with countries. They can verify…” suggested the court.
The bench also said that the AHTU could “create a negative list” of persons and agencies, which were under suspicion, to ensure that the process of adoption was not being misused for human trafficking.
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