Tackling a peculiar situation, arising in the case of a cross-border adoption of a child, which is not envisaged in Indian laws, the High Court of Karnataka directed the Union government to stretch its magnanimity and validate the adoption of a Ugandan child by a non-resident Indian (NRI) couple, who adopted the child with the approval of the High Court of Uganda as per the laws of that country.
Though the Central Adoption Resource Authority (CARA) told the court that it would issue “support letter” as per the Regulation 41 of the Adoption Regulations, 2022, the court pointed out that the support letter would place the petitioners or the child neither here nor there, as it has its own limitations.
“The support letter is for issuance of passport in case of in-country adoption. Therefore, the support letter would also not generate such right upon the petitioners or the child, as this is not inter-country adoption or in-country adoption; it is cross-border adoption. A situation which neither the Juvenile Justice (Care and Protection of Children) Act, 2015, nor the Regulations, 2022, envisage,” Justice M. Nagaprasanna observed in his order.
