The Delhi High Court has instructed CARA to tighten adoption safeguards following the erroneous referral of an infant to an ineligible Singapore-based couple. The court dismissed the couple's petition, emphasizing that legal regulations outweigh emotions.
The Delhi High Court has directed the Central Adoption Resource Authority (CARA) to strengthen safeguards in the adoption process after finding that administrative lapses led to the erroneous referral of an abandoned infant to a Singapore-based couple who were ineligible to adopt a child in the normal category under the applicable regulations. Justice Swarana Kanta Sharma, while dismissing a petition, held that the couple’s acceptance of the child and the family’s emotional attachment to her did not create an enforceable right to adoption, as the referral had been made contrary to the Adoption Regulations, 2022.
Court Issues Directives to CARA
The court directed CARA to verify the eligibility of prospective adoptive parents before generating referrals, audit profiles affected by the migration of its adoption portal, adhere to timelines for processing No Objection Certificates (NOCs), ensure accurate recording of application status and fix responsibility for lapses wherever necessary. The court also directed CARA to take immediate steps to place the child, referred to in the judgment as Baby K, in adoption in accordance with law, after vacating its interim order maintaining the status quo concerning her.
Legal Framework Overrides Emotional Attachment
“The eligibility criteria cannot be treated as dispensable, only because its application in an individual case may cause hardship or distress to the prospective adoptive parents,” the court observed. The judgment, pronounced on October 15, acknowledged the distress caused to Gupta and his family but held that the child’s welfare had to be determined within the statutory framework governing adoption, rather than solely on the basis of the prospective adoptive parents’ expectations or emotional attachment. (ANI)
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