Indian Authorities Cannot Approve Adoption of Foreign Citizenship Child: HC

Key Takeaways

• Bombay High Court bars Indian citizens from adopting foreign national children unless legally vulnerable.
• Adoption must occur first in the child’s country of citizenship before recognition in India.
• Ruling effective July 2025 mandates CARA to deny pending applications not meeting legal criteria.

A major update in Indian adoption law has come from the Bombay High Court in July 2025, changing how Indian citizens can adopt children who are foreign nationals. This update is especially important for Indian families hoping to adopt relatives who were born abroad and hold foreign citizenship. The new ruling makes it clear that Indian authorities cannot approve the adoption of a foreign national child unless the child fits into very specific legal categories. Here’s a detailed breakdown of what has changed, who is affected, what steps must be taken, and what this means for families and pending adoption applications.

Summary of What Changed

The Bombay High Court has ruled that Indian authorities cannot approve the adoption of a child who holds foreign citizenship unless the child is legally classified as “in need of care and protection” or “in conflict with law” under Indian law. This means that even if the child is a close relative, such as a nephew or niece, Indian citizens cannot adopt them in India unless these strict conditions are met.

This decision came after an Indian couple living in Pune tried to adopt their biological nephew, who was born in the United States 🇺🇸 and is a U.S. citizen. The child had been living with them in India since he was an infant. The Central Adoption Resource Authority (CARA), which oversees adoptions in India, refused to register the couple as adoptive parents. CARA said that Indian law does not allow adoption of foreign national children unless the child is “in need of care and protection” or “in conflict with law.” The couple went to court, but the Bombay High Court agreed with CARA and dismissed their petition.

Who Is Affected by This Ruling

This ruling affects several groups:

• Indian citizens living in India who want to adopt a child who is a foreign national, even if the child is a close relative.
• Indian families with relatives abroad who may have children living with them in India but who were born in another country and hold foreign citizenship.
• Foreign national children living in India with Indian relatives, especially those who are not classified as “in need of care and protection” or “in conflict with law.”
• Prospective adoptive parents who are in the process of applying or planning to apply for adoption of a foreign national child in India.

Effective Dates

The Bombay High Court’s ruling was issued in July 2025 and takes effect immediately. This means that all new and pending adoption applications involving foreign national children must follow this legal interpretation.

Required Actions for Prospective Adoptive Parents

If you are an Indian citizen hoping to adopt a child who is a foreign national, you must follow these steps:

1. Check the Child’s Legal Status
   • Confirm whether the child is classified as “in need of care and protection” or “in conflict with law” under the Juvenile Justice (Care and Protection of Children) Act, 2015. If not, Indian authorities cannot approve the adoption.
2. Adopt the Child Under the Child’s Country of Citizenship
   • If the child is not covered by the special categories above, you must first complete the adoption process in the child’s country of citizenship. For example, if the child is a U.S. citizen, you must adopt the child under U.S. law.
3. Apply for Recognition in India
   • After the adoption is finalized in the foreign country, you can apply for recognition of the adoption in India. This involves submitting legal documents and following the procedures set by Indian authorities.
4. Consider Citizenship Options
   • The Court also suggested that the child could apply for Indian citizenship through the adoptive parents. Once the biological parents surrender the child and the child becomes an Indian citizen, adoption under Indian law may be possible.
5. Consult with CARA
   • The Central Adoption Resource Authority (CARA) is the main government body handling adoptions in India. You should contact CARA for guidance on the correct procedures. Their official website is cara.nic.in.

Implications for Pending Applications

If you have already started the adoption process for a foreign national child in India, your application will be affected by this ruling. Here’s what you need to know:

• Applications for children who are not “in need of care and protection” or “in conflict with law” will be denied by Indian authorities.
• Pending applications must now follow the new legal pathway: adoption in the child’s country of citizenship first, then recognition in India.
• If you are in the middle of the process, contact CARA immediately to understand your options and what additional steps you need to take.

Legal Background and Reasoning

The Bombay High Court’s decision is based on two main laws:

• Juvenile Justice (Care and Protection of Children) Act, 2015: This law sets the rules for adoption in India. It only allows adoption of foreign national children if they are “in need of care and protection” (such as orphans or abandoned children) or “in conflict with law” (children involved in legal cases).
• Adoption Regulations, 2022: These regulations further clarify the process and do not allow adoption of foreign national children unless they fit the categories above.

The Court made it clear that there is no fundamental right under Indian law for Indian citizens to adopt a foreign national child, even if the child is a close relative and has been living with them in India. The Court also refused to use its special powers to make an exception in this case.

Role of Indian Authorities

• Central Adoption Resource Authority (CARA): CARA is the main government agency for adoption in India. It follows the rules set by Indian law and international agreements. CARA refused to register the Pune couple as adoptive parents because the child was a U.S. citizen and did not fit the legal categories for adoption in India.
• Bombay High Court: The Court supported CARA’s decision and explained the legal reasons in detail. The judges, Revati Mohite Dere and Neela Gokhale, said that Indian law is clear and must be followed.

International Adoption Protocols

India is a member of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. This international agreement sets strict rules for adopting children across borders to prevent child trafficking and protect children’s rights. The Bombay High Court’s ruling follows these international standards.

What This Means for Families

For Indian families hoping to adopt a foreign national child, especially a relative, this ruling means:

• Direct adoption in India is not possible unless the child is legally vulnerable under Indian law.
• You must follow the adoption process in the child’s country of citizenship first.
• After adoption abroad, you can seek recognition in India so the child’s status is legally accepted in India.
• If you want the child to become an Indian citizen, you must follow the process for applying for Indian citizenship, which may allow adoption under Indian law after citizenship is granted.

Practical Steps for Families

Here’s a step-by-step guide for Indian citizens who want to adopt a foreign national child:

1. Consult CARA and Legal Experts
   • Before starting any adoption process, talk to CARA and a qualified lawyer who understands both Indian and international adoption laws.
2. Check the Child’s Status
   • Make sure you know the child’s citizenship and whether they fit the legal categories for adoption in India.
3. Start Adoption in the Child’s Home Country
   • If the child is a U.S. citizen, begin the adoption process in the United States 🇺🇸. This may involve working with U.S. adoption agencies and following U.S. laws.
4. Gather All Legal Documents
   • After the adoption is finalized abroad, collect all official documents, including the adoption order, birth certificate, and proof of citizenship.

1. Apply for Recognition in India
   • Submit the foreign adoption documents to Indian authorities for legal recognition. This step is important for the child’s legal status in India.
2. Consider Citizenship Application
   • If you want the child to become an Indian citizen, apply for Indian citizenship through the proper channels. The process and forms are available on the Ministry of Home Affairs website.
3. Follow Up with CARA
   • Keep in touch with CARA throughout the process to make sure you are following the latest rules and procedures.

Why This Ruling Matters

This ruling is important for several reasons:

• It clarifies Indian adoption law and removes any confusion about adopting foreign national children in India.
• It protects children’s rights by making sure all adoptions follow strict legal and international standards.
• It prevents informal or private adoptions that could put children at risk or violate international agreements.
• It aligns Indian law with the Hague Convention, which India has agreed to follow.

Expert Opinions

Legal experts say this ruling is a strict but necessary step to make sure Indian adoption laws are followed. According to analysis by VisaVerge.com, the decision supports CARA’s position and helps protect children by making sure adoptions are done through the correct legal channels. Some families may find the rules restrictive, especially when trying to adopt relatives, but the law is designed to prevent problems like child trafficking and to protect the best interests of the child.

Possible Future Changes

Right now, there are no plans to change the law. However, this ruling may lead to discussions about whether Indian adoption laws should be updated to make it easier for Indian citizens to adopt foreign national relatives. The government and CARA may also issue new guidelines to help families understand the correct procedures for intercountry adoption.

Key Takeaways

• Indian authorities cannot approve adoption of a foreign national child unless the child is “in need of care and protection” or “in conflict with law.”
• Adoption must first be completed in the child’s country of citizenship.
• After adoption abroad, parents can apply for legal recognition in India.
• Families should consult CARA and follow all legal steps to avoid problems.
• Pending applications that do not meet the new requirements will be denied.

Where to Get Help and More Information

• Central Adoption Resource Authority (CARA): Visit cara.nic.in for official information, forms, and contact details.
• Bombay High Court: For details on the ruling and other legal resources, visit bombayhighcourt.nic.in.
• Ministry of Home Affairs: For information on Indian citizenship applications, visit mha.gov.in.

If you are affected by this ruling or have questions about adoption, it is important to get advice from CARA or a qualified lawyer. Following the correct legal steps will help protect your family and the child’s future.

Conclusion and Immediate Next Steps

If you are an Indian citizen hoping to adopt a foreign national child, especially a relative, you must now follow a two-step process: adoption in the child’s country of citizenship, then recognition in India. Direct adoption in India is not allowed unless the child is legally vulnerable. For families with pending applications, contact CARA right away to understand your options. Stay updated on any new guidelines or changes in the law, and always use official government resources for the latest information. This approach will help ensure your adoption journey is safe, legal, and in the best interests of the child.

Learn Today

Bombay High Court → The judicial authority issuing the ruling on adoption law in India in July 2025.
Central Adoption Resource Authority (CARA) → India’s government agency overseeing adoption regulations and processes.
Foreign National Child → A child who holds citizenship of a country other than India.
In Need of Care and Protection → Legal classification of children vulnerable and eligible for adoption under Indian law.
Juvenile Justice Act 2015 → Indian law governing care, protection, and adoption of children.

This Article in a Nutshell

The Bombay High Court ruled in July 2025 that Indian authorities cannot approve adoptions of foreign national children unless legally vulnerable under Indian law, requiring adoption first in the child’s home country before recognition in India, affecting many families seeking adoption.
— By VisaVerge.com