An overseas citizen of India (OCI) couple has filed a writ petition in Delhi High Court pointing out that they are yet to get a referral for the adoption of a child though they had registered with the Central Adoption Resource Authority (CARA) in 2018.
The couple has also pointed out that the applicants who registered subsequently have already received referrals. So, the couple expressed their apprehension that the CARA does not follow the seniority merit list.
The couple, the OCI cardholders, has been living in Delhi for the past four years. They had registered at CARA in March 2018.
The plea also claimed that the preference is given to domestic/ NRI prospective adoptive parents. (PAPs). Thus, they sought direction from the respondents to take necessary actions under the Juvenile Justice Care and Protection of Children Act, 2015 and the Adoption Regulations, 2017, including referring a child legally free for adoption to the Petitioners and treating them at par with NRI PAPs.
“In terms of Central Government notifications issued under Section 7B(1) of the Citizenship Act, 1955 OCIS are to be treated at par with NRI PAPs in the matter of inter-country adoption of an Indian child. Concomitantly, under Regulation 14 of the Adoption Regulations, 2017, NRI PAPs are to be treated at par with resident Indian PAPS in terms of priority for adoption of Indian orphan, abandoned or surrendered children. Thus, from a combined reading of Regulation 14 and the aforementioned Notifications, it emerges that OCIS, Non-Resident Indians and resident Indian parents are to be treated at par in so far as priority/seniority for adoption of Indian children is concerned,” stated the plea.
