In a writ petition filed before the Supreme Court by a thirteen year old girl child and her adoptive parents seeking a direction to the respondent authorities for the child’s case to be processed as a case of inter-country relative adoption under Regulations 56-60 of Chapter VII, Adoption Regulations, 2022 as well as to issue all certificates within a time-bound schedule to enable her to join her adoptive parents, a Bench comprising Justice B.V. Nagarathna and Justice Manmohan revoked the adoption under HAMA and directed CARA to process the petitioner’s applications at the earliest.
Petitioners 2 and 3 were the adoptive parents of the child, who were US residents being Overseas Citizens of India and had adopted the child under the Hindu Adoption and Maintenance Act, 1956 (HAMA). The child’s biological mother, on her deathbed, expressed her wish that the child be adopted by her elder sister and brother-in-law, i.e., the adoptive parents. An adoption deed dated 05-09-2024 regarding the HAMA adoption was executed and duly registered.
Being hindered in taking the child to the USA, and the remedy in law available to them under Chapters VII and VIII of the 2022 Adoption Regulations being taken away on account of the decisions on the Governments of India and the USA, the petitioners were left with no avenue and hence, filed the present petition.
The petitioners submitted that the inter-country adoptions in India are governed by adoption regulations and take place in coordination between the Central Adoption Resource Authority (CARA) in India and its foreign counterpart under the Hague Convention for inter-country adoption. It was also mentioned that denial of any pathway for family reunification to a child validly adopted under Indian law is a violation of the fundamental rights guaranteed to the child under Articles 14 and 21 of the Constitution of India.
Mentioning the adoption regulations, the petitioners brought to the Court’s notice a notice dated 26-09-2025 by the US Department of State explicitly articulating its policy decision that it shall not cooperate in the inter-country adoption process, where the adoption has taken place under HAMA. In the same reference an office memorandum dated 09-02-2026 by CARA was also brought to the Court’s notice which drew attention to Section 56(3) of the Juvenile Justice Act and clarified that an adoption already finalised under HAMA could not thereafter be processed under the Juvenile Justice (Care and Protection of Children) Act, 2015 or the 2022 Adoption Regulations.
As per the Office Memorandum by CARA, the District Child Protection Unit, Chengalpattu issued a rejection letter dated 15-04-2026, declining to process the child’s case and formally closed the intercountry relative adoption channel for her.
After a reply by CARA expressing its inability to provide any solution to break the present deadlock or any effective pathway to achieve the reunification of the petitioner child with her adoptive family, the petitioners filed a rejoinder requesting the Court to exercise its plenary power under Article 142 of the Constitution and to revoke the adoption of the child under HAMA, and to direct CARA to render all possible assistance along with coordination of competent authorities of the receiving State to ensure completion of the adoption process.
Addressing that Section 15 of HAMA made revocation impermissible, it was stated that this request was only for the child’s own benefit so that her re-adoption is done under the JJ Act, a framework recognised by the receiving country. In the present proceedings on 14-07-2026, the petitioners informed the Court that they did not wish to press the adoption which was done under the provisions of HAMA as an adoption order had been granted under the provisions of the JJ Act.
Noting the submissions, the Court revoked the said adoption under HAMA and directed CARA to process the petitioner’s application at the earliest. The matter is now listed after three weeks.
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