NOC should be mandatory for foreigners adopting Indian child

The Central Adoption Resource Authority (CARA) has approached the Delhi High Court to make it a mandate to obtain a No Objection certificate (NOC) from the authority for inter-country adoption. CARA, which is the only designated agency of India for child adoption, has challenged an order passed by a single judge of the High Court in 2016 which stated that obtaining a NOC by the agency is not necessary for an inter-country adoption if other requirements are fulfilled. The HC, however, has agreed to examine the concerns raised by CARA in its petition. The lawyer appearing for CARA has stated that the procedure laid down under the Hague Convention for inter-country adoptions is mandatory as India is also a signatory to the Convention. The Convention does not distinguish between the types of inter-country adoptions, such as a direct adoption or adoption of a surrendered child or adoption of an orphan or abandoned child. It has been pointed out by CARA that it is hard to convince the parents coming for adoption the need for NOC as the host country may not even recognize the adoption as legally valid in absence of the same. Furthermore, it has stated that it is the duty of CARA to ensure that the fundamental rights of the child are protected in the host country before the child is allowed to leave the Indian territory.