The Delhi High Court has directed the Central Adoption Resource Authority (CARA) to issue a No Objection Certificate in two weeks to the adoptive parents subsequent to that minor will be issued passport for travelling to his parents.
Justice Sanjeev Sachdeva has ordered CARA to issue a No Objection Certificate within two weeks so that the minor child can travel to germany to his new parents and he further ordered the Ministry of External Affairs and Regional Passport Office to issue the passport to the minor adopted child two weeks after the issuance of the No Objection Certificate.
The Petition was filed by the biological father of the minor child on his behalf. The petition sought direction for VISA authorities that under Hindu Adoptions and Maintenance Act, 1956 (HAMA) certificate from CARA and also a direction asking Ministry of External Affairs Ministry to issue passport to the minor child.
Justice Sanjeev Sachdeva observed that the in the birth certificate and aadhar card of the adopted child the name of biological parents has been substituted with the adopted parents and the adoption being done in the same family i.e, the adoptive father is the real elder brother of the biological father the adoption is complete as per the HAMA. Accordingly, the ties of the adopted child with his biological family has been served and now if is not allowed to join his adoptive family in Germany it will be injustice to the adopted child and the adoptive family.
The adopted child was born in 2004 to his biological parents and was adopted by his father’s elder brother in 2015. A registered adoption deed has also been executed. The adoption being an inter-country adoption as the adoptive family lives in Germany the petitioner approached CARA to issue No Objection Certificate so that the adoptive child can apply for passport and visa.
The court did away with the formality of a home study report from Germany in view of the Higher Regional Civil Court at Germany, recognizing the adoption of the petitioner.
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