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7. It is further contended that the guidelines of 2015 are not applicable, first of all, because they were notified after the adoption in the present case on 27.01.2015 and would only cover an orphan, abandoned or surrendered child and does not covered inter-country direct adoptions. It is contended that the present case is not only of an inter-country direct adoption but an adoption within the family.

8. The respondents have contended that it is mandatory for the adoptive parents to obtain the agreement/approval of the Central Authority concerned in Germany as well as the NOC (agreement) of CARA under Article 17 of The Hague Convention on Prevention of Children & Cooperation in respect of Inter-Country Adoption, 1993 (hereinafter referred to as Hague Adoption Convention).

50. On 03rd December, 1986, the General Assembly of the United Nations in its 95th Plenary Meeting adopted the „Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally‟. While Articles 13 to 24 dealt with adoption, Articles 17 to 24 dealt specifically with inter- country adoption. Article 13 stated that the objective of adoption was to ensure that a child who did not have a natural family is taken care of in a family setting. Article 17 stipulated that when the option of placing a child either in foster care or adoption in the child‟s home country was unavailable, then inter-country adoption should be resorted to with the singular objective of ensuring that a child can grow up in a family. Article 18 stated that national governments should endeavour to enact laws for regulating inter-country adoptions. Article 20 stated that a competent authority must be created in States in order to oversee inter-country adoptions. Article 22 stated that inter-country adoptions should only be made once the child is legally free for adoption and that all the necessary protocols have been satisfied in order to facilitate the adoption. Article 23 stated that the inter-country adoption should be considered as legally valid in the two countries which are involved.

CONVENTION ON THE RIGHTS OF THE CHILD,

51. On 20th November, 1989, the General Assembly of the United Nations adopted the „Convention on the Rights of the Child‟. This Convention comprehensively dealt with the rights and entitlements available to a child. Article 21 of the Convention referred to adoption. It stipulated that in matters of adoption, the best interest of the child is the most important factor. Article 21(a) stipulated that adoption of the child must be undertaken through competent authorities in order to preserve the sanctity of the adoption process. Article 21(b) dealt with inter-country adoption. It provided that inter-country adoption must be allowed when no one is willing to take care of the child and that in the child‟s home country, an adoptive family could not be found. Articles 21(c), 21(d) and 21(e) stipulated that sufficient safeguards must be in place in order to protect a child who is given in inter- country adoption. India acceded to this Convention on 11th December, 1992.

CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTER-COUNTRY ADOPTION, 1993 AT HAGUE

52. The most important international convention on inter-country adoption is the subsisting „Convention on Protection of Children and Co- operation in respect of Inter-Country Adoption‟, which concluded on 29th May, 1993 at The Hague, Netherlands. Its Article 1 states that the purpose and aim of the Convention is to preserve the best interest of the child and to ensure recognition of inter-country adoption between contracting states. Articles 4 and 5 provide for the circumstances in which an adoption can be said to be within the scope of the Convention. Article 6(1) provides that in a Contracting State, a Central Authority must be created to perform the duties imposed by the Convention. Articles 14 to 21 relate to the manner in which inter-country adoption can be undertaken and the role of the Central Authority in that regard. Article 23 provides that when the competent authority of a state certifies that the adoption has taken place as per the Convention, the certification should be recognized in the other Contracting States. India signed this Convention on 09th January, 2003 and ratified it on 06th June, 2003.