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3. The rejection of the aforesaid two applications by the learned Trial Court as well as by the High Court is on a sole and solitary ground, namely, that the appellant, being a single prospective adoptive parent, was aged about 53 years at the relevant point of time whereas for a single adoptive parent the maximum permissible age as prescribed by the Government of India Guidelines in force was 45. Though a no objection, which contained an implicit relaxation of the rigour of the Guidelines with regard to age, has been granted by the Central Adoption Resource Authority (CARA), the High Court did not consider it appropriate to take the said no objection/relaxation into account inasmuch as the reasons for the relaxation granted were not evident on the face of the document i.e. no objection certificate in question.

(4)   Matching of the Child Study Report with Home Study Report of FPAP by RIPA •      After a successful matching, the RIPA will forward the complete dossier as per Annexure 3 to CARA for issuance of “No Objection Certificate”. 

(5)    Issue of No Objection Certificate (NOC) by CARA •      RIPA shall make application for CARA NOC in case of foreign/PIO parents only after ACA Clearance Certificate is obtained.

•      CARA will issue the ‘NOC’ within 15 days from the date of receipt of the adoption dossier if complete in all respect. •      If any query or clarification is sought by CARA, it will be replied to by the RIPA within 10 days.

•      No Indian Placement Agency can file an application in the competent court for inter-country adoption without a “No Objection Certificate” from CARA.  

      (6)    Filing of Petition in the Court
        •     On receipt of the NOC  from  CARA,  the  RIPA  shall  file  a

10. The facts of the present case, as evident from the pleadings of the parties and the documents brought on record, would go to show that the appellant’s case for adoption has been sponsored by an agency (Journeys of the Heart, USA) rendering service in USA which is recognized by CARA. The Home Study Report of the family of the appellant indicates that the appellant apart from being gainfully employed and financially solvent is a person of amicable disposition who has developed affinity for Indian culture and Indian children. The appellant, though unmarried, has the support of her brother and other family members who have promised to look after the child in the event such a situation becomes necessary for any reason whatsoever. The Child Study Report alongwith medical examination Report prepared by the recognized agency in India has been read and considered by the appellant and it is only thereafter that she had indicated her willingness to adopt the child in question. Before permitting the present process of inter country adoption to commence, all possibilities of adoption of the child by an Indian parent were explored which however did not prove successful. The matter was considered by the No Objection Committee of the CARA and as stated in the affidavit of the said agency filed before this Court, the No Objection Certificate dated 03.02.2010 has been issued keeping in mind the various circumstances peculiar to the present case, details of which are as hereunder :