Adoption – Inter-country adoption – It would be the JJ Act of 2015, as would apply for an inter-country adoption, the adoptive mother and her husband admittedly being Indian citizens residing abroad for more than one year; and consequently a certificate from CARA would be essential to validate any such adoption [ Para 94 and 96 to 111].
Since the conclusion arrived at by this bench, on the application of the Act of 2015, is contrary to what has been held by a co-ordinate bench in Jasmine Kaurs’ case (supra), the matter needs to be referred to a larger bench on the following question formulated by this court:-
“As to whether in terms of sub sections (6), (34), (37) and (38) of Section 2, read with what is contained in Sections 60 and 68 and other provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, as also the Adoption Regulations framed under the provisions of Sections 68 (c) and 2 (3) of that Act, would respondent no.7 require a certificate from the authority constituted under Section 68 of the Act, before adopting a child from India, with respondent no.7 being a non-resident Indian as defined in Section 2(38) of the said Act?”
Since a Division Bench is already seized of the issue in LPA No. 517 of 2020, this matter, as regards that question, be placed before their Lordships of the Division Bench, after obtaining necessary orders from Hon’ble the Chief Justice.