The Gujarat High Court has issued notices to the Central Government and relevant authorities, including the Regional Passport Office (RPO), following a petition filed on behalf of a four-year-old girl. The child’s adoptive Australian parents have been unable to apply for her passport, prompting legal action.
According to the petitioner’s advocate, the child was adopted by her father’s sister, an Australian citizen, two years ago through a registered adoption deed. However, complications arose when the adoptive parents attempted to take the child to Australia.
The adoption agency informed the parents that cases of migration through adoption under the Hindu Adoption and Maintenance Act were under scrutiny by the Australian government. The agency advised that the child could only be taken to Australia through alternative immigration processes until clearance was received.
Subsequently, the adoptive parents sought to obtain an Indian passport for the child, as she remains an Indian citizen. However, this process hit a snag as the adoptive parents, being Australian citizens, require a No Objection Certificate (NOC) from the Central Adoption Resource Authority (CARA) to confirm the adoption’s validity. CARA has not issued the NOC, citing pending confirmation from Australian authorities.
The petitioner’s counsel argued in court that regardless of the child’s potential travel to Australia, it is her right to possess an Indian passport to facilitate alternative travel arrangements if necessary.
Following the initial hearing, Justice Aniruddha Mayee issued notices to the Central Government, RPO, and CARA, requesting their responses by 29 October.
