Ms.Karnika Khandelwal, Represented By Abhinav Khandelwal And Hema Pandey vs Union Of India & Anr.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment pronounced on: 01.07.2026
W.P.(C) 13156/2025
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MS.KARNIKA KHANDELWAL, REPRESENTED BY ABHINAV
KHANDELWAL AND HEMA PANDEY .....Petitioner
Through: Ms. Arundhati Katju, Sr. Adv., Mr.
Dhanur Dhar Singh, Ms. Jaispriya
Poply, Advs.
versus
UNION OF INDIA & ANR. .....Respondents
Through: Dr. Monika Arora, CGSC, Mr.
Subhrodeep Saha, Ms. Anamika
Thakur and Mr. Abhinav Verma,
Advs. for CARA.

CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA

JUDGMENT

1. The present petition has been filed by the petitioner (a minor child
represented by her adoptive parents, Mr. Abhinav Khandelwal and Ms.
Hema Pandey), being aggrieved by the refusal of the Central Adoption
Resource Authority (CARA) to issue a No Objection Certificate (NOC) and
a Conformity Certificate in respect of the petitioner’s adoption.
2. The factual background set forth by the petitioner is that the
petitioner, born on 20.06.2023 was adopted in accordance with the Hindu
customs on 27.06.2023 by the adoptive parents Mr. Abhinav Khandelwal
and Ms. Hema Pandey, of Indian origin, holding Australian citizenship and
registered as Overseas Citizens of India.
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Digitally Signed
By:UMANG
Signing Date:01.07.2026
19:32:07

3. Subsequently, an Adoption Deed dated 05.03.2024 was executed
under the provisions of the Hindu Adoption and Maintenance Act, 1956
(HAMA, 1956). A birth certificate was thereafter issued in the name of the
petitioner on 06.11.2024, recording the adoptive parents as the parents of the
petitioner.
4. On 12.03.2025, the adoptive parents applied through the CARINGS
portal of the respondent no.2/ CARA, seeking issuance of an NOC. The said
application was rejected by CARA vide communication dated 19.06.2025,
directing compliance with the procedure prescribed under Chapter VIII of
the Adoption Regulations, 2022 and in particular Regulation 68 thereof,
which requires sponsorship of the application by the Central Authority or
Authorised Foreign Adoption Agency (AFAA) in the receiving country, that
is, Victoria, Australia herein. The said communication dated 19.06.2025 is
enclosed as Annexure P-4 to the present petition. The same reads as under:
No. E:126342-CARA/77/2025 Date: 19.06.2025
To,
Mr. Abhinav Khandelwal
Mrs. Hema Pandey
R/o D-212, Mahesh Marg, Malviya Nagar,
(Jaipur 302017), Rajasthan
Email: [email protected]
[email protected]

Subject: Regarding Adoption under HAMA, as per the Adoption Regulations 2022
of the child Karnika Khandelwal (F) DoB: 20.06.2023

Madam/ Sir,

It is with reference to your online registration on CARINGS portal. It is observed
that the registration no. CAU2025113576 is for the OCI category to adopt the OAS
Children. This category is specifically for children of the OAS category and is not
applicable to the children already adopted under HAMA. In view of the above,
Please refer enclosed Adoption Regulations, 2022, Chapter VIII Section 68 that
th
states the procedure for inter-country Adoption, in the cases initiated after 17
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Digitally Signed
By:UMANG
Signing Date:01.07.2026
19:32:07

September, 2021, (Copy attached for ready reference).

68. Procedure for inter-country Adoption-

th
(1) In the cases initiated after 17
September, 2021, the following standard
common procedure shall be applicable for all inter-country adoptions concluded
under the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956), by eligible
non-resident Indians or Overseas Citizen of India Cardholders, who are to take a
child in adoption from India.

(2) Any Hindu prospective adoptive parents habitually residing abroad and who
wish to adopt an Indian Hindu Child born to Indian Hindu Parents, residing in
India, may contact an Authorised Foreign Adoption Agency or the Central
Autority in case of Hague ratified countries and the government department
concerned in case of Non-Hague countries in their country of habitual residence
as the case may be.

(3) The Authorised Foreign Adoption Agency or the Central Authority or the
government department concerned in their country of habitual residence shall
sponsor the application of eligible and suitable prospective adoptive parents to
the Central Adoption Resource Authority.

(4) The Central Adoption Resource Authority shall share the sponsoring letter
and other requisite information about the parents received from the Authorised
Foreign Adoption Agency or the Central Authority or the Government department
of the receiving country, as the case may be, with the District Child Protection
Unit and the District Magistrate of the district where the child is habitually
residing.

(5) The District Magistrate shall get a family background report prepared which
shall include all required documents related to the biological parents and the
child proposed to be adopted and the report shall be conducted through the
District Child Protection Officer as provided in Schedule XXI and Schedule
XXXVI.

(6) Upon receipt of the family background report, the Central Adoption Resource
Authority shall forward it to the concerned Authorised Foreign Adoption Agency,
or Central Authority, in their country of habitual residence for issuing necessary
permission under Article 5 or 17 (Hague Adoption Convention ratified countries)
as the case may be.

You are advised to follow the above mentioned procedure.

5. It is the case of the petitioner that compliance with Regulation 68 of

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Digitally Signed
By:UMANG
Signing Date:01.07.2026
19:32:07

the Adoption Regulations, 2022 is rendered impossible in the present matter,
inasmuch as under Australian law, “Adoption Victoria” does not process
adoptions executed under HAMA, 1956, India being categorised as a ‘non-
active country programme’. Further, the Australian Government has a clear
policy against issuance of NOCs or letters of support in cases of ‘expatriate
adoption’.
6. During the course of hearing, learned counsel for the petitioner has
handed over a copy of an e-mail dated 28.10.2025, addressed by the
Intercountry Adoption Australia, Australian Government to the adoptive
parents, wherein it was categorically stated that the adoption of the
petitioner under HAMA, 1956 has been classified as an ‘expatriate
adoption’. The same, inter alia , reads as under:
“For Australian migration purposes, the private HAMA adoption you
completed is classified as expatriate adoption. Expatriate adoptions are
not automatically recognised under Australian law, even if parental
responsibility has already been legally granted in the overseas country.
The Australian Government's involvement in expatriate adoptions is
limited to the Department of Home Affairs (Home Affairs) determining
whether the child meets all immigration criteria to enter and remain in
Australia, once an application has been lodged. This includes the
requirement that the adoptive parent/s must not have lived overseas to
avoid Australia’s intercountry adoption laws.”
7. Learned counsel for the petitioner places reliance upon the judgment

rendered by the Bombay High Court in Mangesh Bhaskarrao Manwatkar
& Ors. vs. Union of India & Ors. (W.P (C) 16232/2025), wherein, the
Court held that although Regulation 68 of the Adoption Regulations, 2022
would ordinarily govern adoptions undertaken post 17.09.2021, peculiar
circumstances, such as adoptions within close relatives under HAMA, 1956
and/or adoptions classified as expatriate adoptions by the Australian
authority, necessitate recourse to Regulation 69 thereof. The relevant
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Digitally Signed
By:UMANG
Signing Date:01.07.2026
19:32:07

extracts are as under:
“33. In the present case, since the adoption has taken place after the
introduction of the Adoption Regulations 2022, which are specifically
introduced for the purpose of regulating adoption of children, such
Regulations would apply. On considering the language used in
Regulation 67, it is quite obvious that this Regulation would not apply to
this case since it deals with cases where the adoption has already been
executed under HAMA, prior to the commencement of Adoption
(Amendment) Regulations 2021.
34. Actually, Regulation 68 would apply to this case because it applies to
cases initiated after 17.09.2021, which have to follow the Standard
Common Procedure for all Inter-Country adoptions concluded (to be
read also as ‘to be concluded’, considering the future tense) under the
HAMA, by eligible NRI or OCI, who are to take a child in adoption from
India. Sub Clause 2 clears all doubts about the applicability of
Regulation 68 with the opening words ‘Any Hindu prospective adoptive
parents habitually residing abroad and who wish to adopt…’ . In the
case before us, the adoption has already taken place under the HAMA.
Ideally, the Petitioners should have followed Regulation 68, as the
adoption has taken place after 17.09.2021. However, in the peculiar facts
and circumstances of this case, the procedure under sub-clauses (2) to
(6) cannot be enforced upon this case as the adopted child is from the
family of a close relative and the adoption has legally taken place under
the HAMA. These events now cannot be reversed only because the
procedure under Regulation 68 was not followed. We have to consider
the future of the adopted baby as well.
35. Regulation 69 prescribes the adoption process and considers the case
of parties to an adoption already concluded under the HAMA. This
Regulation will have to be read as being applicable to the case of the
Petitioners because the language used in Regulation 67 applies to
Adoption Deeds already executed under HAMA prior to the
2021Regulations, which has subsequently been replaced by the 2022
Regulations. Hence, considering the language used in Regulation 69, the
said Regulation is being made applicable to this case, only due to the
peculiar facts before us. Strictly speaking, Regulation 68 would have
applied to this case, but for the peculiar facts as recorded above.
Regulation 68, therefore, will apply independently to cases not covered
by Regulation 67.
36. We find that the facts of this case are quite peculiar. The adoption
has legally taken place under the HAMA. The Australian authority
clearly mentions in it’s email dated 28.04.2025, that this is not an Inter-
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Digitally Signed
By:UMANG
Signing Date:01.07.2026
19:32:07

Country adoption. It has formed an opinion that this is an expatriate
adoption. It has also stated that this expatriate adoption falls outside
Australia’s regulated Inter-Country adoption process. An Indian
Passport has also been issued by the Government of India to the adopted
daughter indicating the names of her adoptive parents in the Passport.
Regulation 41(18) enables CARA to issue an NoC in cases of adoptions
under chapter VIII (Inter-Country adoptions under HAMA) in cases of
the Hague Adoption Convention ratified Countries.
37. In Jasleen Iqbal Sidhu (supra), it has been held that even the
Australian authorities (Department of Home Affairs, Australian
Government) had interacted with the Petitioner and the learned Single
Judge Bench, therefore, concluded that the District Magistrate should
undertake a verification exercise. A support letter from CARA is required
for all HAMA adoption deeds, under the 2022 Regulations. Such support
letter is needed for validating the adoption for Inter-Country
movement/settlement of the adopted child. The facts in Jasleen Iqbal
Sidhu (supra) and in Prema Gopal (supra), are also quite peculiar and
similar to the case in hands, as is evident from the narration of the facts
in those cases.
xxx xxx xxx
39. We have kept in mind the stand taken by ‘Inter-Country Adoption
Australia’ vide its communication dated 28.04.2025 via email, that
expatriate adoptions fall outside Australia’s regulated Inter-Country
adoption process and are, therefore, not considered as Inter-Country
adoptions…….It is apparent that the said authorities need the
appropriate authority in India to do the scrutiny and indicate it’s
clearance. This authority is CARA. Having considered the above peculiar
circumstances, inasmuch as the stand of ‘Inter-Country Adoption
Australia’ authority that the present adoption is not Inter-Country
adoption, Articles 5 and 17 of the Hague Convention would not apply in
this case.
xxx xxx xxx
41. Considering the above, we are of the view that the Petitioners,
adoptive couple, will have to follow Regulations 69 and 70 of the
Adoption Regulations, 2022. Since Regulation 69(1) has already been
complied with, the adoptive couple will have to approach the District
Magistrate who would conduct an inquiry to satisfy itself that all the
provisions of HAMA, have been followed. Such inquiry shall be
completed within 30 days. Keeping in view the passage of time, we would
not appreciate if the District Magistrate seeks extension of time under
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Digitally Signed
By:UMANG
Signing Date:01.07.2026
19:32:07

clause (3) of Regulation 69.
42. On receipt of the verification certificate on the registered Adoption
Deed from the District Magistrate, we deem it appropriate to follow the
recourse adopted by the Hon’ble Supreme Court in Prema Gopal (supra)
and by the High Courts in Jasleen Iqbal Sidhu (supra) and R. K. and
another (supra). CARA would issue a NOC under intimation to the
Immigration Authority of India and the Immigration Authority of
Australia, within 15 days of the submission of the District Magistrate’s
verification certificate.”

8. Learned counsel for the petitioner further places reliance upon the
judgment rendered by the Gujarat High Court in Akshay Pitamber Sarvakar
& Anr. vs. Central Adoption Resource Authority & Ors. (R/Special Civil
Application No. 15710 of 2025). The operative directions therein are as
under:
“7. I have heard the learned counsel for the respective parties and have
considered the facts of the petition. It appears that in the instant case, the
twin children were adopted prior to the actual execution of the deed but
the deed was executed on 29.09.2022. As provided under the provisions
of HAMA, 1956, in the circumstances, Regulation 67 relating to the date
of adoption is subsequent to the commencement of the Adoption
(Amendment) Regulations, 2021, however, as mentioned in the present
case, I am of the opinion that there can be no hurdle in the way of the
respondents to consider the case of the petitioner. I direct respondent
Nos. 1 and 2 to consider the case of the petitioner and issue the
necessary certificates as required by the Australian authorities to fulfill
and comply with the requirements. All the necessary documentary
evidences were already furnished by the petitioner before respondent
Nos. 1 and 2. However, in case any of difficulty, the petitioners may
again supply the necessary documentary evidences within a period of one
week from today and on receipt of the said application, respondent Nos.
1 and 2 shall consider the case of the petitioner herein having regard to
the relevant provisions of the Regulations 2022 and in accordance with
law bearing in mind the facts that the adoption took place on 29.09.2022
and the children were born on 22.02.2022. In the event of any difficulty,
the petitioner shall personally remain present before respondent No. 2
through it’s legal representatives to make necessary submissions before
the authority and after considering the same the entire exercise shall be
completed by respondent Nos.1 and 2 within a period of four weeks from
the date of hearing of the present petitioner. The respondent No. 1 shall
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Digitally Signed
By:UMANG
Signing Date:01.07.2026
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issue Support Letter in the particular format as prescribed. On such
Support Letter being issued, the petitioner shall take steps for the
purpose of immigration recognition and registration of the children who
have been adopted by the necessary order in that regard before this
Court. The said No Objection Certificate shall be in the format as
observed by the Hon’ble Apex Court in the case of Prema Gopal (supra)
and the authority is directed to issue the certificate in that manner only
as required.”
9. Learned counsel for the respondents submits that respondent’s refusal
to issue the NOC qua the petitioner’s application was premised upon the
absence of a sponsoring letter from the receiving country, which is a
prerequisite under Regulation 68 of the Adoption Regulations, 2022. He
further points out that the petitioners in Akshay Pitamber Sarvakar (supra),
were in possession of a communication from the Australian Government,
Department of Home Affairs, prescribing the procedure to be followed for
‘adoptions where the adoptive parents are unable to provide an NOC from
the state and territory central authority due to residing in a non-participating
Australian state. The relevant extract/s from Akshay Pitamber Sarvakar
(supra) reads as under:
“6. Mr.Juneja, learned counsel for the petitioner submitted that the
petitioner received a letter from the Australian government, Department
of Home Affairs dated 27.02.2026 wherein the procedure was prescribed
in the said letter and the relevant documentary evidences as mentioned in
the said letter reads as under:
“Other requirements
The department acknowledges that Adoption Victoria is not accepting
applications to adopt a child from India that are completed under the
Hindu Adoptions and Maintenance Act, 1956 (HAMA).
For intercountry adoptions where the adoptive parents are unable to
provide a NOC from the state and territory central authority due to
residing in a non-participating Australian state, Please follow the below
procedure.

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Digitally Signed
By:UMANG
Signing Date:01.07.2026
19:32:07

The following documents are required:
1. If the adoption is not already registered through CARINGS portal, the
applicant is to liaise with District Magistrate office (where the child is
residing) for verification of their HAMA adoption deed.
2. Applicant provides verification documents to CARA.
3. CARA issues a support letter.
4. Applicant requires to provide a copy of the CARA support
letter to the Department of Home Affairs.”
10. The language of the said communication makes it evident that the
procedure outlined therein is not specific to or limited to the petitioners in
Akshay Pitamber Sarvakar (supra), rather, the procedure is of a general
application to all similarly placed applicants, i.e., those whose adoptions
have been executed under HAMA, 1956 and classified as expatriate
adoptions by the Australian Government.
11. As noted hereinabove (in para-6), that even in the present case, the
Australian adoption authorities sent an e-mail to the petitioner stating that
the Australian Department of Home Affairs is concerned with determining
whether the child meets all immigration criteria to cater and remain in
Australia. For this purpose, the necessary NOC is required from CARA.
12. Respective counsel for the parties are in agreement that the facts of

the present case are squarely covered by the dicta of the Bombay High Court
in Mangesh Bhaskarrao Manwatkar (supra), and the Gujarat High Court in
Akshay Pitamber Sarvakar (supra).
13. In the circumstances, in line with the directions issued in the aforesaid
judgments, Central Adoption Resource Authority (CARA) is directed to
issue the necessary No Objection Certificate (NOC).
14. The said exercise shall be undertaken after the necessary inquiry is
conducted by the concerned District Magistrate and a certificate is issued in
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Digitally Signed
By:UMANG
Signing Date:01.07.2026
19:32:07

the format prescribed under Schedule XXXV and XXXVI, as required under
Regulation 69 of the Adoption Regulations, 2022.
15. The concerned authorities, including the District Magistrate and
CARA are directed to expedite the process, bearing in mind the welfare and
future of the minor child.
16. The petition is disposed of in the above terms.

SACHIN DATTA, J
JULY 1, 2026/ss
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Digitally Signed
By:UMANG
Signing Date:01.07.2026
19:32:07