QUITE convinced of the sincerity of the adoptive parents, Mangesh Bhaskarrao Manwatkar (43) and his wife Pushpa Bhivsan Vanere (44) towards their adopted child(2) Moheeka, the Bombay High Court has permitted the adoptive couple to approach the District Magistrate for conducting an inquiry to satisfy himself that all the provisions of Hindu Adoptions and Maintenance Act (HAMA) have been followed, within 30 days from March 12, 2026. The order to this effect has been passed by the Bombay High Court Justice Ravindra V Ghuge and Justice Abhay J Mantri on March 30, 2026. The Court has made it clear that the District Magistrate should keep in mind that The Court would not appreciate if the D M seeks extension of time under Clause 13 of Regulation 69. In the case before the Court, there is a child who is born as a result of an unplanned pregnancy of the biological parents, who already have two children, a son and a daughter.

 

The girl child was 45 days old, when she was adopted by the adoptive mother, who then was an Indian citizen. If the child is not permitted to be taken to Australia because of technicalities, the adoption would fail. By way of preface to the judgement, the HC has quoted the opening sentence from PKH v. Central Adoption Resource Authority, 2016 SCC OnLine Delhi 3918 that “Adopting one child will not change the World: but for that child, the World will change.”

 

The couple got married on March 1, 2017 at Navi Mumbai Sports Association, Vashi, Navi Mumbai, registered under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998. The Adoptive father became an Australian with effect from February 27, 2023. The couple was childless. Both were Hindus and were governed by HAMA. Being childless, the adoptive couple decided to adopt the third child of a close relative – Sudhir Yashwant Shekokar and his wife Yashoda. Both have a son, Prathmesh, who was 16 years of age in April, 2023 and a daughter Nirvika, who was 11 years old at that time. The couple gave birth to their third child on February 28 , 2023. The Court was informed that the third pregnancy was “unplanned”. On April 21, 2023, a Joint Adoption Deed was entered into by the adoptive couple and the biological parents of the adopted daughter. The change of the name of the adopted daughter was also carried out. In the passport of the adopted daughter names of both the parents are found. The adoptive mother subsequently became the Australian citizen. According to the Senior Advocate, Anturkar, submitted that the adoptive mother became desperate due to the passage of time. She was residing in India, only because the adopted daughter was living with her.

 

The District Child Protection Officer (DCPO) of Thane sent a Mail on March 28, 2025 to the adoptive mother requesting her to provide the habitual status of the prospective adopting parents and NOC from the Australian High Commission for further processing of the case. In Australia, overseas adoptions are only facilitated if the principles and standards of the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption (Hague Convention are met. The Hague Convention is an international treaty that guards against illegal, irregular, premature or ill-prepared adoptions abroad and aims to ensure Inter-Country Adoptions to occur in the best interests of the child. The Hague Convention process does not apply to people who adopt a child from the same country in which they habitually reside. There are specific Australian migration requirements concerning Visas and Citizenship pathways for adopted children.

 

The Petitioner has pointed out that she has sent a Mail addressed to: G Ravi on August 4, 2025, informing him that as per the an information received from the Australian Home Affairs website, the adoption falls under Expatriate Adoption and hence the Hague Convention Rule is not applicable to this case. The petitioner (Adoptive mother) has informed that the adopted child can lie in Australia permanently by getting the Australian 102 Adoption Visa. The adopted child will be able to study and work in Australia and also receive benefits of the Government’s Public Health Care Scheme, Medicare. The visa can be issued while the adopted child is outside Australia. If she gets the 102 visa, she can arrive in Australia as a permanent resident. 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 adopted child. If the child is not permitted to be taken to Australia because of technicalities, the adoption would fail. Be that, as it may, the HC did not find any illegality in the adoption under HAMA. It is only that this case has to be navigated through complex laws, to bless the adopted child with the love and care of the adoptive parents.

 

The adoptive mother is living in India for the last about three years, only to take care of the adopted child, though now she is a citizen of Australia. This convinces one of the sincerity and purity of the feelings of the adoptive parents, in view of these facts. The Australian authorities have categorically stated that this I not an Inter-County adoption, because the adoptive mother was an Indian citizen and the adopted child is an Indian. It is apparent that the said authorities need the appropriate authority in India to do the scrutiny and indicate its clearance. This authority is CARA. As the present adoption is not an Inter-Country adoption, Articles 5 and 17 of the Hague Convention will not apply to this case. The HC has said that, it is of the view that the petitioners- the adoptive couple, will have to follow the Regulations, 69 and 70 of the Adoption Regulations, 2022. Since Regulation 69(1) has been completed already, the HC has asked the adoptive Couple to approach the District Magistrate for due inquiry. After receipt of the verification certificate on the registered Adoption Deed from the DM, CARA would issue a NOC under intimation to the Immigration Authorities of both, India and Australia, within 15 days of submission of the District Magistrate’s Verification Certificate.