The Delhi High Court has directed the Central Adoption Resource Authority (CARA) to overhaul its adoption procedures, mandating strengthened safeguards following significant administrative oversights that led to an abandoned infant being erroneously referred to an ineligible Singapore-based couple.
Information was available with The Chenab Times that the court, presided over by Justice Swarana Kanta Sharma, dismissed a petition filed by the couple, emphasizing that their emotional attachment and acceptance of the child did not confer any legal right to adoption, as the referral contravened the Adoption Regulations of 2022.
Court Mandates Stricter Verification Processes
The High Court’s directive to CARA includes a series of crucial reforms aimed at preventing future discrepancies. The authority is now required to rigorously verify the eligibility of prospective adoptive parents before generating any referrals. Furthermore, CARA must conduct audits of profiles that may have been affected by the migration of its adoption portal, ensuring data integrity. The court also stressed the importance of adhering to prescribed timelines for processing No Objection Certificates (NOCs) and for ensuring the accurate recording of application statuses. A key mandate is the establishment of accountability, with CARA instructed to fix responsibility for any lapses identified in the process.
Child’s Welfare Paramount, Court Affirms
Justice Sharma’s judgment underscored the principle that the welfare of the child remains the paramount consideration in adoption proceedings. The court acknowledged the emotional distress experienced by the prospective adoptive parents, identified as Gupta and his family in the court documents, but firmly stated that the child’s future must be determined within the established statutory framework for adoption. The court’s observation highlighted that eligibility criteria cannot be disregarded, even if their application might cause hardship to prospective adoptive parents. This stance reinforces the legal safeguards designed to ensure that adoptions are conducted with the utmost care and adherence to regulations.
Immediate Steps Ordered for Child’s Placement
In response to the identified lapses, the court ordered CARA to take immediate steps to ensure the child, referred to in the proceedings as Baby K, is placed for adoption in strict accordance with the law. This directive follows the vacation of an interim order that had maintained the status quo concerning the child. The court’s pronouncement on October 15 serves as a significant reminder of the stringent requirements that govern the adoption process in India, emphasizing that while the desire to adopt is commendable, it must be balanced with the legal provisions and the best interests of the child.
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The Chenab Times News Desk
