Gujarat High Court Seeks Australian Consulate’s Response Over Adoption Visa Hurdles
Summarized by AI; it may make mistakes. Check important info
Summarized by AI; it may make mistakes. Check important info
The Gujarat High Court has issued a notice to the Australian Consulate General in India over a legal bottleneck affecting Australian adoptive parents who are facing immigration clearance issues for children adopted in India under the Hindu Adoption and Maintenance Act (HAMA).
Justice Nirzar Desai sought a response from the Australian authority and raised concerns about the welfare and legal status of adopted children after they are relocated abroad.
Parents challenge immigration and passport delays
The cases were filed by adoptive parents, many of whom are biological uncles or aunts of the children and hold Australian citizenship or permanent residency.
According to the petitions, they were denied adoption visas for their adopted children because the Australian authorities required a No Objection Certificate (NOC) from the Central Adoption Resource Authority (CARA).
The petitioners argued that CARA informed them it could issue the NOC only after receiving a request from Australian authorities, creating a procedural deadlock that prevented the children from travelling to Australia.
They approached the High Court seeking directions to CARA to issue the NOC so that immigration formalities could be completed.
Dispute centres on CARA’s role in HAMA adoptions
The petitioners contended that CARA traditionally had no role in adoptions carried out under HAMA, where the biological and adoptive parents are known to each other and the adoption is completed through a registered adoption deed and local verification.
However, lawyers argued that adoption regulations framed in 2017 under the Juvenile Justice Act, and expanded in 2021, effectively brought HAMA adoptions within CARA’s regulatory framework.
They also pointed out that passport authorities now require a CARA NOC before issuing passports to children adopted under HAMA after 2021.
Passport application also caught in the deadlock
In one of the petitions, an adoptive parent sought directions to the passport authority after the passport application of an adopted child was stalled because of the absence of a CARA NOC.
The child had been adopted by a neighbouring couple under HAMA, and the family’s planned trip to Australia was delayed because the passport process could not move forward.
Australian requirement under scrutiny
Advocate Punit Juneja, appearing for one of the adoptive mothers, told the court that the Australian Department of Home Affairs insists on a CARA NOC before processing the immigration of an adopted child.
He argued that this requirement has created a major hurdle for families whose adoptions were legally completed under HAMA and where the adoptive relationship had already been recognised through registered documentation.
The High Court has reportedely scheduled the next hearing in the matter for August 6.
