Priority Must Be Given To Indian Adoptive Parents When A Child Is Available For Adoption: NCPCR Tells Delhi HC

While submitting its response in a child adoption case, the National Commission for Protection of Child Rights (NCPCR) has told the Delhi High Court that as per law, priority is to be given to Indian Prospective Adoptive Parents (PAPs) when the children are available for adoption.

The Commission has also said that the system must get better since adoption is a delicate process and the authorities or agencies involved in the same must follow the Adoption Regulations.

In the affidavit filed by NCPCR in a matter involving the adoption of a child by foreigners, it has stated that "…the Commission is of the view that the system must get better since adoption is a delicate process and the authorities or agencies involved in the same must follow the Regulations which are made keeping the welfare of the child into consideration. If the same is not followed, the same may lead to grave injustice to the children and also to the PAPs who apply for adopting the children."

The affidavit was filed by NCPCR after the High Court had observed that unauthorized third parties were granted access to the child housed in a specialized adoption agency.

As per the affidavit filed by the Commission, it received a complaint regarding the unlawful adoption of a Baby Girl from Warne Baby Fold in Bareilly. The affidavit stated that in the complaint it was stated that an ex-MLA of Bareilly, U.P. had rescued a minor girl who is a special needs child when she was a new-born and after around 2 months, she was transferred to Warne Baby Fold.

It was further stated that since the complainant was emotionally attached to the child they had applied for her adoption in Central Adoption Resource Authority (CARA).

The affidavit stated that as per the complaint, the complainant and his wife did not hear back from the agency till then and that they came to know through a source that the minor girl was being given for adoption in a foreign country under the category of Special Needs Children only.

Following this, the Commission took cognizance of it and directed CARA to keep the adoption of the minor girl at abeyance until the inquiry in the matter is completed.

The Commission in its affidavit stated that it issued a notice to the different authorities as there were allegations in relation to non-compliance of Adoption Regulations and the health of the minor child being compromised in the adoption process.

The Commission through its affidavit suggested that the Court may consider getting the child examined again by the Chief Medical Officer of the District and thereafter, make the Special Adoption Agency follow the procedure properly laid down under the Adoption Regulations, 2022 and proceed with the adoption thereafter.

The Commission stated that it had sought the data from CARA in relation to the adoption applications/ adoptions being made to Malta. It was further added that in the said data received from CARA, it is shown that the percentage of applications being accepted by CARA from the Malta PAPs is high.

"The above stated data showing that a huge number of children were being given to foreign PAPs in Malta, disregarding the change the in the socio-cultural milieu of the children involved also indicates the possibility of the children not being given the right opportunity to be placed in their own country.", the affidavit submitted by NCPCR read.

It further added that the system must get better since adoption is a delicate process and the authorities or agencies involved in the same must follow the Regulations.

Cause Title- Michelle Camilleri and Anr. v. Central Adoption Resource Agency and Ors.