No fundamental right of Indians to adopt US citizen child of relative: HC

The bench refused to exercise its extraordinary jurisdiction to allow the adoption and said there is no 'fundamental right' of the petitioners to adopt an American child

An Indian does not have the fundamental right to adopt a child of American nationality even from among relatives when the child is neither "in need of care and protection" nor in "conflict with law", the Bombay High Court has said.

A division bench of Justices Revati Mohite Dere and Neela Gokhale on Wednesday refused an Indian couple's plea to adopt their relative's son, who is a US citizen by birth.

The child in the present case does not fall within the definition of either a 'child in need of care and protection' or a 'child in conflict with law' as per provisions of the Juvenile Justice (Care and Protection of Children) Act and Adoption Regulations, the HC said.

"There is no provision in the Juvenile Justice Act nor the Adoption Regulations providing for adoption of a child of foreign citizenship even between relatives unless the 'child is in need of care and protection' or a 'child is in conflict with law'," it stated.

The bench also refused to exercise its extraordinary jurisdiction to allow the adoption and said there is no "fundamental right" of the petitioners to adopt an American child.

Neither is there any violation of any fundamental right of the child of American nationality to be adopted by an Indian citizen, it added.

The couple will have to complete all necessary formalities of adopting the child from the US as per American laws and procedure, only after which they can go ahead with the post-adoption procedure in terms of bringing the foreign child adopted to India, the HC said.

The couple sought to adopt their relatives' child, who is a citizen of the United States of America by birth.

The Central Adoption Resource Agency (CARA) refused to register the couple as prospective adoptive parents as the Adoption Regulations do not facilitate adoption of an American citizen.

As per CARA, provisions of the Juvenile Act only permit adoption when the child is in need of care and protection or is a child in conflict with law.

The child was born in the US in 2019, but the petitioner couple brought him to India when he was a few months old.

The boy has since then been living with them and they were desirous of adopting him.

The CARA informed the HC that it cannot give clearance for the adoption without the child first being adopted in the US under laws applicable in that country.

The bench dismissed the petition, saying it was not inclined to allow the adoption.