Delhi court rules adoption referral doesn't guarantee right if ineligible

In a significant judgment on adoption law, the Delhi High Court has held that accepting a child referral from the Central Adoption Resource Authority (CARA) does not automatically grant prospective adoptive parents (PAPs) an enforceable right to proceed with adoption if they are legally ineligible.

The court's ruling clarifies that the referral process and CARA's issuance of a no-objection certificate (NOC) do not override statutory requirements governing who may legally adopt a child. Eligibility criteria established under adoption laws remain binding and cannot be circumvented through administrative procedures, the bench observed.

The judgment addresses a common misconception among prospective parents who believe that advancing through CARA's procedural steps constitutes a commitment to place a child with them. The court's decision reinforces that adoption remains fundamentally contingent on meeting all legal prerequisites, which can include factors such as age, marital status, income level, and background clearance.

This ruling has implications for adoption practices across India, as CARA operates as the nodal agency coordinating domestic and intercountry adoptions. Legal experts indicate the judgment provides necessary clarity for both adoptive parents and authorities regarding the non-binding nature of referrals when eligibility questions arise.

The decision is expected to influence how adoption cases are processed and may prompt CARA and state authorities to strengthen preliminary eligibility verification procedures before issuing referrals to prospective parents.