Adoption — CARA NOC for HAMA Adoption · 2 July 2026
Karnika Khandelwal v. Union of India: Delhi High Court Directs CARA to Issue NOC for HAMA Adoption by OCI Couple in Australia
High Court of Delhi · 2026 LiveLaw (Del) 610; W.P.(C) 13156/2025
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An Overseas Citizen of India couple residing in Australia adopted a minor child under the Hindu Adoptions and Maintenance Act, 1956. The Australian Department of Home Affairs required a support letter or NOC from the Central Adoption Resource Authority (CARA) for the child's immigration. CARA refused the NOC and Conformity Certificate on the ground that Regulation 68 of the Adoption Regulations, 2022, which governs inter-country adoptions, had not been followed, since the couple could not produce a sponsorship letter from the Australian authorities. The petitioners said compliance with Regulation 68 was impossible because Australia does not process adoptions concluded under HAMA and treats them as expatriate adoptions.
Justice Sachin Datta held the case was covered by the Bombay High Court's 2025 decision in Mangesh Bhaskarrao Manwatkar v. Union of India, which held that in such circumstances, including expatriate adoptions under HAMA, recourse must be had to Regulation 69, which deals with adoptions already concluded under HAMA. The Court directed CARA to issue the NOC after the District Magistrate conducts the inquiry contemplated under Regulation 69.
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