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“Statutory Procedure and Statutory Regime cannot be lost sight of”, held by Supreme Court

Team SoOLEGAL 26 Feb 2019 2:15pm

“Statutory Procedure and Statutory Regime cannot be lost sight of”, held by Supreme Court

A couple had submitted an application on 19.07.2016 through Central Adoption Resource Information and Guidance System (CARINGS) to adopt a child as Indian Prospective Adoptive Parents. One of them already had the US citizenship, but the other person was also successful in acquiring US citizenship during pendency of the application. The baby girl was selected for being adopted on 01.01.2018. they were informed that their previous application is declared invalid because of the change in citizenship status and they are no longer Indian Prospective Adoptive Parents. They were also asked to wait for another child who can be termed as 'Overseas Citizen of India'.

A writ petition was filed by them before the Delhi High Court. The Authorities were directed by the Court to examine the couple on the basis of their application dated 19.07.2016.

 Observation of the Supreme Court

The bench comprising of Justice Ashok Bhushan and Justice KM Joseph observed that couple is not eligible for adoption as Indian prospective adoptive parents living in India as both of them had acquired US citizenship by 06.12.2016. Absence of any provision in the Act or Regulations relating to any mechanism to upload any further information in first registration cannot modify the legal position and consequences of acquiring the foreign citizenship by an Indian.

The Bench further said that if within 60 days from the date the child (Shomya) is declared as legally free for adoption is not taken by or adopted by Indian prospective adoptive parents, the child shall be given in adoption to the couple in inter-country adoption.

Tagged: Procedure   Statute   Adoption   Central Adoption Resource Information and Guidance System   Citizenship   AdoptiveParents  
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