Adoption of abandoned child -- HC serves notice to Centre
Monday, September 20, 1999
Adoption of abandoned child -- HC serves notice to Centre
PRESS TRUST OF INDIA
NEW DELHI, SEPT 19: The Delhi High Court has sought reply from the Union Government on a petition challenging the guidelines laid down by it on adoption of abandoned children by foreigners on the ground that those were ultra vires of the Supreme Court order.
Issuing notices to the Ministry of Welfare and Central Adoption Research Agency (CARA), a department established by the ministry to deal with adoption cases, Justice C M Nayar directed them to file replies by November 25.
The Church of North India (CNI) moving a public interest litigation (PIL) challenged the Welfare Ministry's guidelines on adoption of children abandoned by unwed mothers with a relinquishment deed, on the ground that these were contrary to the ones laid down by the apex court in its judgements.
According to CARA guidelines no recognised placement agency could process the application for adoption of destitute children by foreigners in the court without a no-objection certificate (NOC) from it.
"The Ministry of Welfare in the saidguidelines has acted in excess of its jurisdiction and contrary to what has been stated by the Supreme Court," CNI plea said.
Quoting the apex court judgement, the petitioner said where the biological parents or an unwed mother had executed a deed for relinquishing the child, it was not necessary to go through the juvenile court, Social Welfare Department (SWD) or the collector to obtain a release order declaring the child free for adoption.
CNI said the Supreme Court had clearly laid down that it would be enough to produce the deed of relinquishment before the court which considers the application for appointment of a foreigner as guardian of the child.
It said the apex court had clarified that the procedure for adoption through juvenile court, SWD or collector has to be followed only in those cases where no relinquishment deed had been executed by the biological parents.The petitioner said as per the Supreme Court guidelines recognised placement agency could transfer a child to any of its branchwithout a written permission of juvenile court, SWD, or the collector, while the ministry said their written permission was necessary.
"In fact it is the discretion of the placement agency," the CNI claimed, adding that in case of the written permission, these authorities might enquire about the relinquishment deed in absence of which the process of shifting of the child would be frustrated.
Seeking direction to the government for framing fresh guidelines as per the direction of the apex court, the petitioner said, "Such inquiries will put lot of harassment to the unwed mothers and the apex court has already cautioned against searching for the mother of destitute child."
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