CROSS-BORDER ADOPTION CASE: INDIA-UGANDA

1. Couple from Uttarahalli in Bengaluru referred to as "The Couple now resides in Kenya'' are a 43-year-old man and his 42-year-old wife living in Nairobi, Kenya.
2. The couple has been working in Kenya and the couple adopted a child in Uganda.
3. They have approached the Karnataka High Court to consider legalizing the adoption of the child under Indian law.
4. In 2020, the Ugandan High Court confirmed the adoption according to Ugandan laws.
5. In June 2023, they contacted the Central Adoption Resource Authority (CARA) to seek approval for the adoption under Indian law.

Key Points:

1. Unique Adoption Case: The Karnataka High Court addressed a cross-border adoption where an NRI couple adopted a child from Uganda, a country not party to the Hague Convention. This showed gaps in Indian adoption law.

2. Adoption Background:

1. The couple worked in Uganda (2011-2019) and adopted a child in 2014.
2. The Ugandan High Court granted them initial guardianship in 2014.
3. In 2020, the Ugandan High Court finalized the adoption, legally recognizing them as parents.
4. The couple now resides in Kenya.

3. Obstacles in India:

1. India's laws primarily address domestic or Hague Convention adoptions.
2. The Central Adoption Resource Authority (CARA) was initially hesitant to fully legalize the adoption.
3. CARA offered a "support letter," but this wouldn't grant the child full rights as an Indian citizen.

Central Adoption Resource Agency (CARA) was set up in June 1990 by the Ministry of Welfare, Government of India to regulate, monitor and promote adoption of orphaned, abandoned or surrendered children, with the principal mandate of finding loving families for children in need of Care and Protection. It also monitors and regulates adoptions within and between countries. CARA became a statutory body in 2016, under Section 68 of the Juvenile Justice Act.

4. Court's Ruling:

1. The court directed the Indian government to go beyond a "support letter" and issue full approval or a no-objection certificate.
2. The court argued India, as a Hague Convention signatory, should uphold the spirit of international adoption.

The Hague Convention is an international agreement that establishes standards for intercountry adoptions. It was signed in The Hague, Netherlands on May 29, 1993, and went into effect on April 1, 2008. The Convention applies to all adoptions by U.S. citizens. India is part of it, Uganda is not.

3. The court highlighted:

1. The child's rights as a child of Indian citizens take priority.
2. The Ugandan court's adoption order is legally valid and should be recognized by India (per Section 13 of the Code of Civil Procedure)

Implications:

1. Legal precedent: This case may set a precedent for future cross-border adoptions from non-Hague countries.
2. Outdated laws: Highlights the need for India to update its adoption rules to better handle complex international scenarios.
3. Giving priority to the child: Emphasizes the courts' commitment to give priority to the welfare and rights of adopted children.

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