Court defers decision as Australian authorities demand NOC for children adopted by Indian resident
The Punjab and Haryana High Court, under the stewardship of Justice Jagmohan Bansal, has taken up a crucial case involving inter-country adoption and the requirement of a No Objection Certificate (NOC) for relocating adopted children to Australia. In the case titled "Manisha Saini v. Union of India," the petitioners are seeking a directive for the issuance of an NOC-cum-support letter to facilitate the relocation of two adopted children from India to Australia.
The petitioner, Manisha Saini, who is the legal guardian and adoptive parent of her late sister's children, is facing a legal conundrum. Despite a previous judgment in the case of Jasmine Kaur v. Union of India, 2020 SCC OnLine P&H 1056, which established that an NOC is not required for Indian citizens residing in India, Australian authorities are insisting on the issuance of this certificate for the children’s relocation.
Manisha Saini, represented by Senior Advocate Vikas Chatrath and his team, argues that the demand for an NOC by Australian authorities contradicts the precedent set by the Punjab and Haryana High Court. The petition highlights the need for the Central Adoption Resource Authority to issue the NOC to comply with Australian legal requirements, despite the previous judgment stating otherwise.
The court has acknowledged the complexity of the situation and has adjourned the matter to 30th March 2026, allowing time for the respondent, represented by Advocate Ruchita Garg, to gather further instructions. This delay indicates the court's intent to thoroughly consider the implications of international adoption laws and their intersection with Indian legal precedents.
As the legal community and prospective adoptive parents keenly observe, the outcome of this case could have significant ramifications for inter-country adoption protocols, particularly in scenarios where foreign legal requirements clash with Indian judicial decisions.
Bottom Line:
Adoption Law - No Objection Certificate-cum-support letter for inter-country/relocation adoption - Petitioner seeks direction to respondents for issuance of NOC for relocating adopted children to Australia as per requirement of Australian authorities.
Statutory provision(s): Articles 226, 227 of the Constitution of India
Manisha Saini v. Union of India, (Punjab And Haryana) : Law Finder Doc id # 2866505
