Accepting child referral does not guarantee adoption if parents are ineligible, says Delhi HC
The Delhi High Court decided that accepting a child referral is not the same as securing an adoption. A prospective parent cannot claim an enforceable right merely because CARA referred a child, accepted the response, or began processing an NOC application. Eligibility under the adoption rules remains essential.
What exactly did the Delhi High Court decide about accepting a child referral in an inter-country adoption case?
The Delhi High Court decided that accepting a child referral is not the same as securing an adoption. A prospective parent cannot claim an enforceable right merely because CARA referred a child, accepted the response, or began processing an NOC application. Eligibility under the adoption rules remains essential.
What are CARA, a child referral, and a no-objection certificate (NOC) in India’s adoption system?
CARA is the Central Adoption Resource Authority, which administers India’s adoption framework and processes inter-country adoption applications. It operates the CARINGS portal used by prospective adoptive parents. The article identifies CARA as the authority that referred the child and considered the NOC application.
Under Regulation 5(7), how many children can a couple have before it is generally considered only for special-needs or hard-to-place children?
Under Regulation 5(7) of the Adoption Regulations, 2022, couples with two or more children are generally considered only for special-needs children and hard-to-place children. The rule therefore makes the number of existing children a significant eligibility factor.
Why could CARA reject the application even after the couple had accepted the referral and submitted documents?
CARA could reject the application because eligibility is governed by statute and regulations, not by a referral alone. The court accepted that the authority could correct an earlier action that conflicted with the Adoption Regulations, 2022, before issuing the NOC and passing the final order.
What legal steps still have to occur after a child is referred before an adoptive parent gains an enforceable right to adopt?
After a referral, the prospective parents must remain legally eligible under the adoption regulations. CARA must complete the NOC process, and the adoption must still proceed to the final order. The court specifically distinguished a referral and document processing from completion of these legal steps.
What consequences does this ruling have for prospective adoptive parents who receive and accept a referral?
The ruling means prospective adoptive parents must treat a referral as conditional. Acceptance allows the process to continue, but it does not guarantee an NOC or adoption. CARA can revisit eligibility when an application conflicts with the governing regulations.
What changes did the court order CARA to make so that eligibility checks, portal records, and application-status updates are more reliable?
The court required CARA to strengthen checks at several points. It must verify and record eligibility during registration and Home Study Report revalidation, and again before referring a child. This is meant to prevent an ineligible profile from reaching the referral stage.
This brief was written by AI from the original reporting and checked by other models. Names, figures and quotes come from the source; read it for full context.
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