UNION OF INDIA & ANR. ETC. versus ANKUR GUPTA & ORS.

UNION OF INDIA & ANR. ETC. versus ANKUR GUPTA & ORS.

Upon acquisition of US citizenship by both respondents, they ceased to be eligible for adoption as Indian prospective adoptive parents living in India. The statutory scheme requires them to be considered under inter-country adoption; if child not adopted by Indian prospective parents within sixty days after...

Source-derived case information.

Parties
Appellant: Union of India; Appellant: Central Adoption Resources Agency, Ministry of Women & Child Development; Respondent: Ankur Gupta; Respondent: Geetika Agarwal
Jurisdiction
India
Judgment Date
25 February 2019
Procedural Posture
Civil Appeal / Supreme Court Final Disposal
Outcome
Appeals allowed in part; High Court orders set aside to extent they direct consideration of adoption under first registration; contempt applications rejected.
Legal Topics
Adoption Eligibility, Inter Country Adoption, Seniority of Adoptive Parents, Citizenship and Adoption, Juvenile Justice Act
Family Law Child Welfare Adoption Adoption Eligibility Inter Country Adoption Seniority of Adoptive Parents Citizenship and Adoption Juvenile Justice Act

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Union of India

Appellant

Central Adoption Resources Agency, Ministry of Women & Child Development

Appellant

Ankur Gupta

Respondent

Geetika Agarwal

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Disposal

Legal Issues

  1. 1 Eligibility of prospective adoptive parents for adoption after acquisition of foreign citizenship
  2. 2 Seniority status in adoption process upon change of citizenship
  3. 3 Procedures for inter-country adoption under Juvenile Justice Act and Adoption Regulations

Ratio Decidendi

Upon acquisition of US citizenship by both respondents, they ceased to be eligible for adoption as Indian prospective adoptive parents living in India. The statutory scheme requires them to be considered under inter-country adoption; if child not adopted by Indian prospective parents within sixty days after notification, respondents as eligible OCI may adopt the child in priority.

Court Disposition

Appeals allowed in part; High Court orders set aside to extent they direct consideration of adoption under first registration; contempt applications rejected.

Orders

  • Decision dated 27.02.2018 communicated by e-mail 15.03.2018 is upheld.
  • Judgments of Single Judge and Division Bench directing consideration on first registration set aside.