Supreme Court Questions CARA’s Opposition to Aunt’s US Adoption of Minor Girl

The Supreme Court on 22 June 2026 examined the stance of the CARA against the adoption of a 13‑year‑old girl by her maternal aunt and uncle, who are residents of the United States. The bench, comprising Justice BV Nagarathna and Justice Joymalya , heard a writ petition filed by the child and her adoptive parents challenging a February 9, 2026 Office Memorandum that barred the processing of an inter‑country relative adoption after the child had already been adopted under the HAMA . Key Developments Justice Nagarathna questioned why CARA opposes adoption by close relatives, calling the department’s attitude "very negative". The adoption was initially processed as an inter‑country relative adoption under Chapter VII of the Adoption Regulations, 2022 , but was halted after the February 9 clarification. The District Child Protection Unit rejected the petitioners’ application on 15 April 2026, citing the February memorandum. The United States, in September 2025, stopped issuing Hague Adoption Certificates for adoptions made under HAMA , creating a legal dead‑end for the child’s relocation. Petitioners seek quashing of the February 9 Office Memorandum and direction to process the case under Chapter VII of the JJ Act framework. Important Facts The child’s maternal aunt and uncle are OCI holders residing in the US. The adoption deed under HAMA was completed after the mother’s death in July 2024. The February 9, 2026 Office Memorandum interpreted Section 56(3) and 56(4) of the JJ Act to mean that a child already adopted under HAMA cannot be processed again under the inter‑country adoption regime. UPSC Relevance This case highlights the intersection of domestic adoption laws ( HAMA , JJ Act ) with international conventions ( Hague Convention ). Aspirants should note the constitutional dimensions (Articles 14 and 21) concerning equality and personal liberty, and the role of statutory bodies like CARA in implementing policy. Way Forward The Court ordered the matter to be listed on 16 July 2026 and directed CARA to take all necessary steps to process the application, without prejudice to its contentions in the writ petition. If the Court eventually rules in favour of the petitioners, the adoption may proceed under the inter‑country relative adoption route, ensuring the child’s right to family reunification and compliance with both Indian law and international safeguards.