Punjab & Haryana High Court Seeks Centre's Clarification on NOC for International Adoption Case
In a significant development highlighting the intricate legal challenges surrounding international adoption, the Punjab and Haryana High Court has directed the Central government to clarify the requirements for issuing a no-objection certificate (NOC) for inter-country adoption relocation. This directive came during proceedings concerning a petition filed by an Indian citizen residing in Australia who seeks to relocate her two adopted nieces.
Case Background and Petitioner's Plea
The petition was filed by Manisha Saini, a 42-year-old Indian citizen currently living in Gold Coast, Queensland, Australia. She approached the court seeking directions to the relevant authorities to issue an NOC-cum-support letter, which is essential for the inter-country relocation adoption of her two minor nieces, aged 17 and 13 years. This certificate is a mandatory requirement for the children to obtain Australian visas and join their adoptive mother in Australia.
The family's circumstances are particularly poignant. Manisha's sister, Sushma, passed away in September 2016. Following Manisha's divorce in 2020 and the death of her mother in 2022, a unanimous family decision was made for her to adopt the two girls. The adoption was formalized through a traditional ceremony held in Kurukshetra on November 22, 2023, and was subsequently documented with a Registered Adoption Deed under the Hindu Adoptions and Maintenance Act (HAMA) of 1956.
Legal Hurdles and Procedural Requirements
Despite the adoption being legally recognized under Indian law, with the children holding valid Indian passports and Aadhaar cards that list Manisha as their mother, they remain in India. The Australian Department of Home Affairs requires an NOC from India's Central Adoption Resource Authority (CARA) to process their immigration applications.
According to the petition, CARA maintained what was described as a "studied silence" on the application filed in December 2025. The central issue appears to revolve around procedural requirements for certificates under Article 5 and Article 17 of the Hague Adoption Convention. However, the petitioner's counsel, senior advocate Vikas Chatrath, argued that the Australian government does not issue such documents for "expatriate adoptions" performed under personal laws like HAMA.
Urgent Need for Relocation
The senior counsel emphasized the urgent need for the children's relocation, citing significant concerns over their health and safety. Currently, the children are living in India without a permanent guardian, as their biological father has remarried. It was further stated that the academic year is concluding in March 2026, after which they will have no institutional accommodation or place to reside.
The High Court was informed that the children's "education, health, safety, and overall welfare" are entirely dependent on their timely move to Australia. This situation underscores the human element behind the legal proceedings, highlighting the potential consequences of bureaucratic delays.
Court Proceedings and Adjudication
The primary issue before the High Court for adjudication was whether CARA is obligated to issue the NOC based on the registered adoption deed. During the hearing, counsel representing the Union of India requested additional time to obtain instructions on the matter. Justice Jagmohan Bansal, who presided over the case, granted this request and adjourned the proceedings to March 30 for further deliberation.
This case brings to light the complex interplay between domestic adoption laws, international conventions, and immigration policies. It raises critical questions about the responsibilities of adoption authorities and the procedural barriers that can impact the lives of adopted children and their families.
The outcome of this case could set a significant precedent for future inter-country adoption cases in India, particularly those involving adoptions under personal laws like HAMA. It also highlights the need for clearer guidelines and more efficient processes to ensure the welfare of children in cross-border adoption scenarios.
