In a child-centric ruling, the Delhi High Court has directed the Central Adoption Resource Authority (CARA) to issue a No Objection Certificate (NOC) and facilitate recognition of a Hindu Adoption and Maintenance Act (HAMA), 1956 adoption by Overseas Citizens of India (OCI) parents, notwithstanding the absence of a sponsoring letter from Australian authorities.
Background of the Case
The petitioner, a minor child (born 20.06.2023), was adopted on 27.06.2023 under Hindu customs by Mr. Abhinav Khandelwal and Ms. Hema Pandey (Indian-origin Australian citizens/OCIs). A formal Adoption Deed was executed on 05.03.2024. The adoptive parents applied via CARINGS portal for NOC/Conformity Certificate, but CARA rejected the application on 19.06.2025, directing compliance with Regulation 68 of the Adoption Regulations, 2022 (requiring sponsorship by the receiving country’s Central Authority/Authorised Foreign Adoption Agency).
Australian authorities classified the adoption as an “expatriate adoption,” refusing to process it under standard inter-country procedures as India is a “non-active country programme.” This created a practical impossibility in complying with Regulation 68.
Key Issues
- Applicability of Adoption Regulations, 2022 to post-2021 HAMA adoptions by NRIs/OCIs.
- Feasibility of Regulation 68 compliance when receiving country (Australia) treats it as expatriate adoption.
- Welfare of the minor child and need for alternative recourse under Regulations 69/70.
Delhi High Court’s Ruling
Justice Sachin Datta pronounced the judgment on 01 July 2026.
The Court held:
- Strict compliance with Regulation 68 is rendered impossible due to Australia’s policy on expatriate adoptions and non-issuance of sponsorship/NOC.
- Precedents from Bombay High Court (Mangesh Bhaskarrao Manwatkar) and Gujarat High Court (Akshay Pitamber Sarvakar) squarely apply. In peculiar circumstances involving close family/relative adoptions or expatriate classifications, recourse to Regulation 69 (post-adoption verification) is appropriate.
- The child’s best interest is paramount. An Indian passport has already been issued recognising the adoptive parents.
- CARA must issue NOC after District Magistrate’s inquiry and verification certificate under Schedules XXXV/XXXVI.
The Court directed expeditious processing, keeping in mind the minor’s welfare and future.
Key Takeaways
- Child Welfare Paramount: Courts prioritise the child’s future over rigid procedural hurdles in cross-border adoptions.
- Expatriate Adoptions: Australian classification as “expatriate” allows deviation from standard inter-country procedure under Regulation 68.
- Regulation 69 Route: Post-HAMA adoption verification by District Magistrate followed by CARA support letter/NOC is a viable pathway.
- Precedent Alignment: Follows Bombay/Gujarat High Court approaches and Supreme Court guidance in similar matters.
Case Details
Case Name: Ms. Karnika Khandelwal (represented by Abhinav Khandelwal and Hema Pandey) v. Union of India & Anr.
Citation: W.P.(C) 13156/2025
Court: Delhi High Court
Coram: Hon’ble Mr. Justice Sachin Datta
Date of Judgment: 01 July 2026
Click HERE for full Judgment.
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