Bombay HC: ‘American citizens cannot adopt an Indian child, even if it is a relative’s…’

An Indian couple had filed a petition to adopt their relative’s son. The child is a US citizen by birth. The High Court rejected their petition and said that this matter is outside the limits of Indian law.

Mumbai: The Bombay High Court has said in an important decision that it is not a fundamental right of an Indian citizen to adopt an American citizen child of a relative.

The court clarified that when a child is not in need of care and protection or is not involved in violation of law, then such a child cannot be adopted under Indian law.

This decision was given by a division bench of Justice Revati Mohite Dere and Justice Neela Gokhale. An Indian couple had filed a petition to adopt their relative's son. The child is a US citizen by birth. The High Court rejected their petition and said that this matter is outside the limits of Indian law.

The child does not fall in the category of 'needy': Court
The court said that the child who is being tried to be adopted does not fall in the category of a child in need of care and protection or a child in conflict with the law under the Juvenile Justice Act of India. Therefore, such adoption cannot be considered valid under the Indian adoption rules and laws.

No provision for adoption of a foreign citizen
The court clearly said that there is no such provision in the Juvenile Justice Act and Adoption Regulations that allows a foreign citizen, even if he is a relative, to adopt in India. Unless that child falls in special categories. Therefore, the court refused to approve the adoption even while exercising its "extraordinary powers".

Adoption application was rejected
In this case, the Central Adoption Resource Authority had already refused to register this couple as 'potential adoptive parents'. CARA said that a child born in America cannot be adopted until he is adopted in America under the laws there.

Process will have to be done under American law only
The High Court said that if the couple wants to adopt this child, then they will first have to complete the process of adoption in America legally. Only after this, they can bring the child to India on the basis of relevant documents and procedures in India. India's judicial system does not allow foreign citizens to directly adopt children.

Petition rejected, court expressed constitutional limits
The court, while rejecting the petition, also said that neither the petitioners have any fundamental right to adopt a foreign citizen child, nor has the fundamental rights of the child been violated. The court clearly said that in such cases it is mandatory to follow the constitutional and legal limits of Indian law.