The Court emphasized that the petitioners were not asking for legalisation of an illegal adoption.
“They are the ones asking recognition of a legalized adoption under the Regulations of the Nation. They have in their arm complete legal process in the High Court of Uganda qua their right over the child,” the Court said.
In this light, it was necessary to iron out creases in the Regulations and the Act to accept such an adoption, the Court stated.
It observed that the support letter that the Central government was willing to grant would not be of help as it is for issuance of passport in case of inter-country adoption.
“Therefore, I deem it appropriate to direct the Union of India not to restrict its magnanimity to issuance of a support letter; it should stretch for issuance of an approval or a no objection under the Regulations, for the reason that, it is a signatory to the Hague Convention,” the order stated.
Accordingly, the Court allowed the petition and directed the Union government to redress the grievance of the petitioners by grant of a no-objection certificate in accordance with law.
Source: Barandbench
