- (1.) This special leave petition has been filed by the petitioner, an Australian citizen, challenging the final Judgment and order dated 28.05.2019 passed by the Division Bench of the Delhi High Court dismissing the Appeal, being LPA No. 351/2019 of Signature Not Verified the petitioner, against an order dated 10.5.2019 of the Judge dismissing the writ Petition being W.P. No. 3567 of 2019 filed by the petitioner for order on the Central Adoption Resource Authority (hereinafter referred to as "CARA") to issue a No Objection Certificate to the petitioner for adoption of two children aged 5 and 6 respectively.
(2.) The petitioner says that she has been residing in India for the last four years. In 2016, the petitioner applied to CARA for adoption of the two children. The application was registered and processed. The petitioner thereafter started visiting the children. From the averments in the petition as also pictures enclosed, it appears that the petitioner has built up a bond with the children who have also become very fond of the petitioner. Learned counsel appearing on behalf of the petitioner submits that the children know the petitioner as their mother. Admittedly, however, the children are not in pre-adoption foster care of the petitioner.
(3.) Both India and Australia are signatories to the Convention on Protection of Children and Cooperation in respect of Inter-Country Adoption held in Hague in 1993 (hereinafter referred to as "Hague Convention "). Article 5 of the Hague Convention provides:- "Article 5 An adoption within the scope of the Convention shall take place only if the competent authorities of the receiving State- a) have determined that the prospective parents are eligible and suited to adopt: b) have ensured that the prospective adoptive parents have been counselled as may be necessary; and c) have determined that the child is or will be authorized to enter and reside permanently in that State." Inter-country adoption requires a certification with regard to suitability of the adoptive parents to adopt the child, counselling of the prospective adoptive parents and authorization of the child to enter and reside in the receiving State. ;