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Sub-section (6) defines an "authorised foreign adoption agency"

to mean a Foreign Social or Child Welfare Agency authorised by CARA on the recommendation of the Central Authority or Government of such foreign country, to sponsor the application of non-resident Indians/Overseas Citizens of India/Persons of Indian Origin/foreign prospective adoptive parents, for adoption of a child from India.
38. Mr. Malhotra submitted that in fact it would be CARA that would determine whether the provisions of the Act of 2015 or the Act of 1956 have been complied with as regards the adoption being a valid adoption, with him further submitting that in any case no country would grant a visa to a child for entering that country without clearance from CARA, in view of the fact that India is a signatory to the United Nations Convention on the Rights of the Child (UNCRC), with our country having ratified that convention/treaty on December 11, 1992, and in fact with the Juvenile Justice (Care and Protection of Children) Act, 2000, having been enacted pursuant to that ratification, with the said Act of 2000 now replaced with the Act of 2015.

56. As regards Mr. Malhotras' contention that the adoption would actually be governed by the provisions of the JJ Act, Mr. Singh submitted that with the adoptive parents being Indian citizens who are simply in the USA on a visa presently valid till March 2021, it would not be an "international adoption", and 31 of 88 consequently the provisions of the Juvenile Justice Act, 2015 would also not be applicable mandatorily, requiring permission of the Central Adoption Resource Authority (CARA); and therefore the contention of learned Amicus Curiae to that effect is misconceived, because even if the US embassy would require a certificate from CARA before granting a visa to the child to go to the US, CARA would not refuse such a certificate once a valid adoption deed under the provisions of the Act has been enacted.

Such refusal by the passport authority was challenged by the adoptive parents and eventually it was held by this court (co-ordinate Bench), that in fact there was no need for obtaining such a certificate from CARA. Yet, to facilitate the smooth transition of the child from one family to another and one country to another, CARA was directed to issue that certificate.

The Union of India opposed that petition, and in fact, I have been informed that CARA has appealed against the said decision before a Division Bench of this court, with that appeal (LPA No.517 of 2020) to be finally adjudicated upon as yet.

It also cannot be forgotten that the need for protection of children being taken to a foreign country becomes all the more necessary with there having been too many unfortunate cases of child abuse in the past (sexually or for purposes of labouring in houses etc.) Hence, background checks by CARA and its equivalent authority in a foreign country becomes imperative in the case of an inter country adoption.

For that purpose, CARA is necessarily required to be in communication with the equivalent authority set up in the other country, with that authority to furnish a Home Study Report, in terms of Rule 1 of Regulation 15 of the said Adoption Regulations (as would be discussed further ahead also in paragraph 108).