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'NOC not needed for adoption if biological parents are alive'

By J. Venkatesan

New Delhi Dec. 11. The Supreme Court on Wednesday held that one of the guidelines issued by the Union Government requiring foreigners to obtain a no objection certificate (NOC) from the Central Government before seeking to adopt an Indian child would not apply if the biological parents were alive.

A Bench of Justice Ruma Pal and Justice P. Venkatarama Reddi held that the guidelines would apply only in cases where the child was destitute or abandoned or living in a social or child welfare centre.

The Bench said that courts, where adoption applications under Section 7 of the Guardianship Act and Wards Act were filed, should dispose them of after satisfying themselves that the child was being given in adoption voluntarily and the parents were aware that the child would legally belong to the adoptive parents.

The courts should also satisfy themselves that the parents giving their child in adoption were not induced by money and the adoptive parents had produced the evidence in support of their suitability and financial status and that the arrangement would be in the best interest of the child, the Bench said.

It allowed an appeal filed by an Italian national, Anokha whose application, seeking adoption of a girl child of Rajasthan was rejected by an Alwar district court on the ground that the Italian parents had not obtained the NOC from the Union Government.

The Rajasthan High Court confirmed the order of the district court. The special leave petition before the Supreme Court was directed against the order of the High Court.

Setting aside the High Court order, the Bench held that Mrs. Anokha would be at liberty to take the girl child, Alka to Italy for adoption in accordance with Italian law.

It directed that copies of this judgment be sent to the Union Ministry of Welfare and the Indian diplomatic mission in Italy.

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