• Frro exit permit for child adopted under hama

My wife and I are Britishers holding OCI. We are Hindus adopting a child from Hindu parents under the HAMA Act. 

Following this we will be filing a suit in the district court for declaration that the Adoption Deed executed by us and the natural parents of the child is valid and legal. 

In order to travel back to Britain with the child, we will need to apply for Exit Permit from FRRO. FRRO needs NOC and Hague Adoption certificate from CARA (Aricle-5 (NOC for adoption) and Article- 23 (Certificate of Conformity of inter-country adoption) from CARA Office) in order to give the Exit Permit.


Does CARA give NOC and Hague Adoption certificate for adoptions done under HAMA?
(We are already registered with CARA and have had the home study done in India but are choosing to adopt under HAMA as the waiting time is too much under CARA.)

 Is there any other alternate ruke under which FRRO will issue exit permission for adoptions under HAMA.
Asked 4 years ago in Family Law
Religion: Hindu

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11 Answers

Inter-country adoptions can not be done under HAMA as these fall under private and direct adoption and is not supported by Hague Convention on Adoptions

2) (Para 22 & 23 of Ch 6 of Hague Convention Information Brochure)

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Sir inter country adoption shall be governed by the Juvenile Justice Act and the section 56 specifically mandates it.

56. Adoption

1. Adoption shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children, as per the provisions of this Act, the rules made thereunder and the adoption regulations framed by the Authority.

2. Adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this Act and the adoption regulations framed by the Authority.

3. Nothing in this Act shall apply to the adoption of children made under the provisions of the Hindu Adoption and Maintenance Act, 1956.

4. All inter-country adoptions shall be done only as per the provisions of this Act and the adoption regulations framed by the Authority.

5. Any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the Court, shall be punishable as per the provisions of section 80.

Further under section 60 of the Juvenile justice act only the kids of relatives can be directly adopted, for that relatives are defined as "“relative”, in relation to a child for the purpose of adoption under this Act, means a paternal uncle or aunt, or a maternal uncle or aunt, or paternal grandparent or maternal grandparent;. Procedure for inter-country relative adoption.

1. A relative living abroad, who intends to adopt a child from his relative in India shall obtain an order from the court and apply for no objection certificate from Authority, in the manner as provided in the adoption regulations framed by the Authority.

2. The Authority shall on receipt of the order under sub-section (1) and the application from either the biological parents or from the adoptive parents, issue no objection certificate under intimation to the immigration authority of India and of the receiving country of the child.

3. The adoptive parents shall, after receiving no objection certificate under sub-section (2), receive the child from the biological parents and shall facilitate the contact of the adopted child with his siblings and biological parents from time to time.

So in the Inter country adoption HAMA cannot be followed then you have to go through the CARA and juvenile justice act in that condition only you shall be issues an NOC.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) All Inter-country adoption shall only be under the provisions of JJ Act & AR 2017 (Section 56(4) of the JJ Act)

2) NOC is mandatory for all Inter-country adoption under Hague Convention

3) It is issued by the Central Authority of sending country (CARA) after receipt of Article 5 &17 from the receiving country.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Inter country adoption cannot be done under The Hindu Adoptions and Maintenance Act.

Inter country adoption can be implemented only under Section 56 of Juvenile Justice Act.

All prospective adopters are to undertake the process through the Central Authority Resource Agency.

The CARA Guidelines requires that every application from a foreigner or OCI wishing to adopt a child must be sponsored by a social or child welfare agency recognized or licensed by the government of the country in which the foreigner/OCI is resident. The agency should be recognized by CARA.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

The Supreme Court of India in a public interest litigation petition, Laxmi Kant Pandey v. Union of India, had framed the guidelines governing inter-country adoptions for the benefit. A regulatory body, i.e., Central Adoption Resource Agency (for short ‘CARA’) was recommended and accordingly set up by the Government of India in the year 1989.

You can go through the said judgment as of Supreme Court as it would clear all your doubts regarding this matter.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Dear Client,

Inter country adoptions deals by CARA. Have to apply and get NOC from it.

In case court declaration towards validity of adoption, no such formality will required. Possible as HAMA applies to any person who is Hindu.

No other option.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

For an adoption under HAMA the consent or permission from CARA is not required.

CARA is not an authority for adoption under HAMA.

Hence in my opinion, the NOC and the Hague adoption certificate may not be necessary from CARA.

The registered adoption deed and the court decree validating the adoption should suffice the requirement that may be required by FRRO.

You may enquire about this in detail from the FRRO at Delhi.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Than the adoption will be your wife alone to give effect to above preposition.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

section 5(1) (c) of citizenship act provides that a person can be regsitered as indian citizen if such a person is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration.

2) you and your wife are Britishers as on date

3) Inter-country adoptions can not be done under HAMA

4) you cannot adopt child under HAMA and file declaratory suit

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Your query involves lot of legal complications.

In fact you are mixing up too many subjects in one question.

You have to comply with the necessary formalities and rules for getting Indian citizenship for your wife first.

After that you can think about other issues.

Since the child has been adopted by a registered deed and a declaratory decree declaring the adoption as valid is in your possession, you dont have to worry about the child's parenthood.

You may better have a consultation with an advocate after which you may proceed with the acts for the desired objectives

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

See in that way your wife can take adoption further you can consent same but taking citizenship for HAMA do not sound good idea because after adoption also from your wife under HAMA and the declaratory suit will take more time then registering under CARA, further there shall be formalities in that case also after adoption.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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