Delhi HC Slams CARA Lapses; Rejects Singapore Couple's Adoption Plea
Delhi High Court flags serious CARA lapses after an ineligible Singapore-based couple was erroneously referred an abandoned infant.
The Delhi High Court has delivered a stern blow to the Central Adoption Resource Authority (CARA), flagging serious administrative failures after an abandoned infant was erroneously referred to a Singapore-based couple who were ineligible to adopt under the normal category. In a significant ruling, the court rejected the couple's plea to retain the child, emphasizing that emotional bonds cannot override statutory laws.
Emotional Attachment vs. Legal Framework
The case centered around a child referred to as "Baby K." A Singapore-based couple, including a man named Gupta, had accepted the child and developed a deep emotional attachment to her. However, it was later discovered that the referral was made in direct violation of the Adoption Regulations, 2022.
Justice Swarana Kanta Sharma, while dismissing the petition, made it clear that the family's distress and their bond with the infant did not grant them an enforceable legal right to adoption. The court observed that eligibility criteria are not "dispensable" simply because their application might cause hardship or emotional pain to prospective parents.
"The eligibility criteria cannot be treated as dispensable, only because its application in an individual case may cause hardship or distress to the prospective adoptive parents," the court noted.
Court Directs Massive Overhaul of CARA Processes
Beyond the specific case of Baby K, the High Court expressed grave concern over the systemic lapses within CARA. To prevent such errors from recurring, the court has issued a series of mandatory directives to the authority:
- Strict Eligibility Verification: CARA must rigorously verify the eligibility of prospective adoptive parents before any referral is generated.
- Portal Audit: The authority is required to audit profiles that may have been affected by the migration of its adoption portal.
- Timeline Adherence: CARA must strictly follow the prescribed timelines for processing No Objection Certificates (NOCs).
- Accurate Record Keeping: The court demanded an accurate recording of application statuses to avoid confusion.
- Accountability: The court ordered that responsibility be fixed for administrative lapses wherever necessary.
The Future of Baby K
While acknowledging the emotional turmoil faced by Gupta and his family, the court maintained that the welfare of the child must be determined within the established statutory framework rather than based on the expectations of the parents.
Consequently, the court vacated its previous interim order that had maintained the status quo regarding the child's placement. CARA has now been directed to take immediate steps to place Baby K in adoption in accordance with the law.