K’tka HC tells Indian Couple in Germany to Follow Hague Convention on Adoption

The Karnataka High Court has directed a couple from India to adhere to the Hague Convention and apply for a ‘Conformity Certificate’ for their adopted child through German authorities, as the husband is a resident of that country.
The couple had approached the High Court seeking a directive to the District Child Protection Unit to issue them a ‘No Objection Certificate’ (NOC) and a ‘Conformity Certificate.’

The couple had adopted a girl child, and the adoption deed between the biological mother and the couple was registered before the sub-registrar in the district headquarters town of Chikkaballapura on March 29, 2023.

Although the Deputy Commissioner had verified the deed and recommended necessary action for the adoption, the District Child Protection Unit refused to grant them the NOC and Conformity Certificate.

The case was heard by Justice M Nagaprasanna, and the Deputy Solicitor General of India, H Shanti Bhushan, who represented the Union, argued that adoption under the Hindu Adoption and Maintenance Act was not internationally recognized. Any inter-country adoption, according to Bhushan, must comply with the Hague Convention.

Under the Hague Convention, to which Germany is a signatory, the couple is required to “go before the country in which the father resides, communicate via mail to the Indian counterpart under the adoption regulations, and within 10 days, a certificate and NOC would be issued in this country.”

In agreement with this argument, the High Court stated in its judgment: “The aforementioned norms would indicate inter-country adoption of a German national. Therefore, the petitioners shall approach the authorities in Germany under the Hague Convention, seeking communication to India for the issuance of NOC and a Conformity certificate. On receiving the said communication from the aforementioned German authority, the appropriate authority – the CARA (Central Adoption Resource Authority), without brooking any delay, should issue a no objection certificate and a conformity certificate.”

The High Court rejected the petition seeking a directive to the authorities, stating: “If what is sought by the petitioners is granted, it would run counter to the established procedure. Therefore, the inter-country adoption should necessarily be in tune with the procedure quoted supra.”

The High Court disposed of the petition, granting the couple the liberty to approach German authorities to communicate with CARA for necessary action. The Authority was also directed to issue the necessary certificate within ten days of receiving the communication from the German authorities.