Letter from resident country mandatory for NRIs to adopt children in India: Karnataka High Court

The Karnataka High Court has clarified that Indian-origin couples residing abroad must obtain a confirmation letter under the Hague Convention when adopting a child in India. The ruling follows a petition by a couple in Germany facing a no-objection certificate refusal. The court emphasized compliance with Article 17 of the Hague Convention, requiring approval from both Indian and foreign authorities for the adoption process. 

The Karnataka High Court has emphasized the obligatory requirement for Indian-origin couples residing abroad to obtain a confirmation letter from their country of residence under the 'Hague' Convention (inter-domestic) when seeking to adopt a child in India. The clarification comes following a petition filed by U. Ajayakumar and his spouse, based in Frankfurt, Germany, who objected to the Child Protection Unit's refusal to issue a no-objection certificate in connection with their adoption of a five-month-old girl from Chikkaballapur, India.

Justice M Nagaprasanna, presiding over the case, has provided clear guidance on the matter. The bench outlined that the applicant couple is permitted to apply for a confirmation letter from their country of residence. Subsequently, they can proceed in accordance with the International Adoption Rules outlined in the Hague Convention for the adoption of an Indian child.

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In the specific case under consideration, Bengaluru-based U. Ajay Kumar and his wife T. V. Maitra adopted a five-month-old girl from Chikkaballapur resident Rashmi, officially registering the adoption on March 29, 2023, at the office of the Sub-Registrar in Chikkaballapur. The couple's subsequent request for a no-objection certificate from the District Child Protection Unit faced a lack of response, prompting them to approach the High Court seeking an order to issue the necessary documentation.

The High Court, during the hearing, highlighted that for couples residing abroad seeking to adopt an Indian child, compliance with Article 17 of the Hague Convention is mandatory. This article stipulates that the couple must assert their intention to travel to their home country (in this case, Germany) with the adopted child and settle there permanently. 

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Approval from both Indian and German authorities is thus essential for the adoption process. The court emphasized that the applicant should initiate contact with the competent authority in Germany, who, in turn, would communicate with Indian authorities via email. A no-objection certificate can typically be obtained within 10 days through this process.

However, in this specific case, the objection letter was not available due to the petitioner not completing the stipulated process. The bench clarified that if the no-objection certificate is not obtained even after completing the required steps, the petitioner is free to file an appeal before the appropriate authority.