Adoption Regulations and Citizenship: Supreme Court's Verdict on OCI Parents' Rights

The Supreme Court of India recently ruled on a complex case concerning adoption laws, citizenship status, and procedural justice. The case, Union of India & Anr. vs. Ankur Gupta & Ors., revolved around the eligibility of Overseas Citizens of India (OCI) residing in India to adopt under the category of ‘Indian prospective adoptive parents.’

The case was brought before the Court after the Central Adoption Resource Authority (CARA) denied adoption rights to Ankur Gupta and Geetika Agarwal following their change in citizenship status. The Supreme Court’s judgment clarified the legal position on adoption rights for OCI parents and set guidelines for ensuring procedural fairness.

Background of the Case

Ankur Gupta and Geetika Agarwal, a married couple residing in the United States, returned to India in 2016 and decided to adopt a child. They initially applied for adoption as ‘Indian prospective adoptive parents’ under the Central Adoption Resource Information and Guidance System (CARINGS) on 19 July 2016.

However, during the waiting period, Geetika Agarwal acquired U.S. citizenship on 19 May 2016, and Ankur Gupta was granted U.S. citizenship on 5 December 2016. The couple informed CARA about their change in citizenship and registered as OCI cardholders in India on 5 November 2017.

Following their new registration, CARA informed them that their eligibility for adoption would now be considered under the category of ‘OCI living in India.’ Despite this, Baby Shomya was referred to them for adoption on 1 January 2018, based on their initial registration. However, on 27 February 2018, CARA ruled that their initial application was invalid due to their change in citizenship, and they would have to wait for another referral as OCI parents.

Petitioner’s Arguments

The respondents, Ankur Gupta and Geetika Agarwal, argued:

They had initially applied as Indian parents, and their adoption request should be processed under their first registration.
The law did not provide a mechanism for addressing cases where Indian parents acquire foreign citizenship after applying for adoption.
Regulation 41 of the Adoption Regulations, 2017, maintains a common seniority list for all prospective adoptive parents, and their position in this list should not be altered.
The denial of their adoption request was arbitrary and violated their rights under Article 14 of the Constitution.

Respondent’s Arguments

The Union of India and CARA countered:

Once the respondents acquired U.S. citizenship, they could no longer be considered ‘Indian prospective adoptive parents.’
Regulation 41 of the 2017 regulations distinguishes between resident Indians and OCI/foreign adoptive parents, and their status had changed accordingly.
The adoption process must follow legal protocols, and allowing the respondents to adopt under their initial application would create legal inconsistencies.
Over 22,000 prospective parents were waiting for adoption as Indian residents, and making an exception would unfairly disadvantage others.

Supreme Court’s Observations

The Supreme Court examined the procedural and legal aspects of adoption in India, particularly under the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Adoption Regulations, 2017. The bench, comprising Ashok Bhushan and K.M. Joseph, stated:

“The right of respondent Nos. 1 and 2 for adoption as resident Indian is lost after respondent No.1 having acquired the US citizenship on 06.12.2016. Offer of the child to the respondent Nos. 1 and 2 was based on their first application dated 19.07.2016, in which if the clause of foreign citizenship is ignored, was in accordance with the Act and the Rules.”

The Court further noted:

“Mere fact that the Act or Regulations does not provide for any mechanism to upload any further information in first registration cannot alter the legal position and consequences of acquiring the foreign citizenship by an Indian. The consequences of obtaining US citizenship of respondent Nos.1 and 2 shall take its effect immediately.”

Final Judgment

The Supreme Court issued the following directives:

The decision communicated to the respondents on 15 March 2018, denying them adoption rights under their initial application, was upheld.
The judgments of the Single Judge and Division Bench of the High Court, which directed CARA to process the adoption under the initial registration, were set aside.
The child, Baby Shomya, was to be re-notified as legally free for adoption within one week.
If no Indian prospective adoptive parents adopted the child within 60 days, the respondents would be given priority in adopting the child under inter-country adoption rules.

The Court also ruled against contempt proceedings filed by the respondents, stating that such proceedings were unnecessary.

Implications of the Verdict

The Supreme Court’s decision clarified the legal standing of OCI parents in adoption processes:

Clarity on OCI Adoption Rights: The judgment reinforced that once an applicant acquires foreign citizenship, their adoption request must be processed under inter-country adoption rules.
Priority for Indian Prospective Parents: The ruling emphasized that Indian parents should be given priority in adoption before considering inter-country adoption.
Legal Consistency: The Court upheld procedural integrity, ensuring that exceptions do not create confusion in adoption regulations.

By balancing the interests of the adoptive parents and the legal framework, the Supreme Court reinforced the principles of justice, ensuring that adoption processes adhere to the law while accommodating exceptional circumstances.

Petitioner Name: Union of India & Anr..
Respondent Name: Ankur Gupta & Ors..
Judgment By: Justice Ashok Bhushan, Justice K.M. Joseph.
Place Of Incident: Bangalore, India.
Judgment Date: 25-02-2019.

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