- The middle-aged couple moved court after Central Adoption Resource Authority
- The court observed that it would be a great injustice to the child if he is not permitted to unite with his adoptive family
- See more news from India at www.dailymail.co.uk/indiahome
Delhi High Court on Wednesday helped a childless Indian-origin couple from Germany finally become parents to a 13-year-old boy.
The middle-aged couple had moved court after Central Adoption Resource Authority (CARA) did not accept their adoption deed, which they had acquired under Guardianship Act from the trial court.
Dalip Arora and his wife, who are nearing their 50s, could not bear a child despite undergoing several medical procedures.
Dalip Arora and his wife, who are nearing their 50s, could not bear a child despite undergoing several medical procedures
However, back home they had taken a liking for Avinash (name changed) – the son of Dalip’s younger brother Rajesh.
Speaking to Mail Today, Rajesh Arora said, ‘My brother and his wife were upset that they were living a life without a child. Whenever they came to meet us, they would spend most of the time with Avinash.
‘Avinash, too, was extremely fond of them and would ask them to take him along.’
In 2015, Avinash was handed over to his adoptive parents. When they went to German consulate in India they were asked to approach CARA for a no-objection letter. The couple is alleged to have approached CARA various times but there was no response or assistance from them.
‘Despite the fact that there is a valid adoption of child by the adoptive parents and there is an adoption deed along with a judgment from the competent court ratifying the adoption, CARA asked the couple to go through a cumbersome process by making an application for adoption to CARA,’ said Sumita Kapil, counsel for the couple.
During his adoption process in 2015, Avinash said that he loves his ‘Taya’ and ‘Tayi’, who are now his parents, and they too love him.
In response to another court query on whether he will miss his siblings, he answered that he can talk to them on phone and expressed his desire to settle with the petitioners in Germany for the sake of his education.
The counsel for CARA told court that although they recognise the adoptions made under Hindu Adoptions and Maintenance Act and the Adoption Order issued by the competent authority, CARA is mandatory to issue NOC for inter-country adoption – being the Central Authority of India under the Hague Adoption Convention – for which an application is required to be made along with the requisite documents.
The court observed that it would be a great injustice to the child if, despite severing his ties with biological parents, he is not permitted to unite with his adoptive family.
‘For over two-anda- half years, the minor child is living with uncertainty, and till date, has not been integrated with his adoptive family in the new country of residence,’ said Justice Sanjeev Sachdeva.
The court also noted that the birth certificate and Adhaar card of the child had already been modified and the names of his adoptive parents had been substituted in place of his biological parents.
The court directed CARA to issue a NOC to the couple within two weeks and asked the Ministry of External Affairs to issue a passport to the child so that he could fly to Germany.