Court mandates issuance of essential certificates for Australian immigration compliance under Hindu Adoption and Maintenance Act, 1956.
In a significant ruling, the Gujarat High Court has directed the Central Adoption Resource Authority (CARA) and the District Magistrate of Gandhinagar to expedite the issuance of necessary certificates for the inter-country adoption of twin girls, Raadhya and Raavya, by their adoptive parents residing in Australia. The court's directive ensures compliance with both Indian and Australian legal requirements for adoption and immigration.
The judgment was delivered by Mr. Justice Hemant M. Prachchhak on March 12, 2026, in response to a petition filed by Akshay Pitamber Sarvakar and others. The petitioners sought legal recognition and documentation for the adoption carried out under the Hindu Adoption and Maintenance Act, 1956 (HAMA), a crucial step for the minors’ immigration to Australia.
The case arose when the biological mother of the twins passed away shortly after their birth, leading the biological father to hand over the children to the petitioners, who executed a registered adoption deed. Despite the lawful adoption, the Australian authorities required additional verification and certification from Indian authorities, which had been delayed, thereby stalling the children's immigration process.
During the proceedings, the court acknowledged the procedural requirements set forth by the Australian Department of Home Affairs, which involves verification of the adoption deed by the District Magistrate and the issuance of a support letter by CARA. The court emphasized the need for swift action by the respondents to avoid further delays in the children's immigration.
The court cited the Adoption Regulations, 2022, particularly Regulation 67, which outlines the procedure for inter-country adoptions under HAMA. It ordered the respondents to verify the submitted documents and issue the necessary No Objection Certificate and Support Letter as per the prescribed formats. The court also referenced a similar case, Prema Gopal v. Central Adoption Resource Authority, to support its decision.
In its judgment, the Gujarat High Court directed that all necessary documents be processed within four weeks, allowing the petitioners to present any additional evidence if required. This ruling underscores the judiciary's role in facilitating legal processes that protect the welfare of children and ensure compliance with international adoption standards.
The decision is expected to streamline the adoption process for Indian children by residents abroad, ensuring that bureaucratic delays do not impede the children's welfare and the legal rights of adoptive parents.
Bottom Line:
Adoption under Hindu Adoption and Maintenance Act, 1956 (HAMA) - Procedure for inter-country adoption and issuance of necessary certificates by authorities for adoption recognition and immigration compliance.
Statutory provision(s): Hindu Adoption and Maintenance Act, 1956, Adoption Regulations, 2022, Articles 226 of the Constitution of India, Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption.
