ABDULKADIR LOKHANDWALA Vs. CENTRAL ADOPTION RESOURCE AGENCY

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of parties, the matter is taken up for final hearing.

(2.) By way of the present petition, the Petitioner brings to the attention of this Court an unprecedented situation relating to the applicability of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Adoption Regulations 2022 ("AR") framed under the said Act, to the adoption of a child being a citizen of the United States of America by relatives of the child's biological parents. Refusal by the Central Adoption Resource Agency ("CARA") to register the Petitioners as prospective adoptive parents on its "CARINGS" web portal prompted the Petitioner to approach this Court seeking a direction to Respondent No.1 to register them as prospective adoptive parents on its CARINGS web portal and issue a pre-approval letter to facilitate adoption of male minor child, Mohammed Moiz, by them.

(3.) The facts of the case reveal that Mohammed Moiz ("Baby Moiz") was born to the Respondent Nos. 5 and 6 on 2 nd July 2019. The Petitioners were married on 16 th September 2011. They are Indian citizens, domiciled in India. The Petitioner No. 2 is the sister of Respondent No.6. The Respondent Nos. 5 and 6 although Indian citizens, are stated to be residing in California, USA. The Respondent No.1 is the Central Adoption Resource Agency. CARA is constituted under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (" JJ Act "). It is a regulatory authority in respect of matters relating to in-country and inter-country adoptions and other related matters.