The Hon’ble Supreme Court has held that it is mandatory to comply with provisions of Section 59(12) of the Juvenile Justice Act, 2015, as held in the case of Karina Jane Creed vs. Union of India (UOI) and Ors, MANU/SC/1126/2019
“A foreigner or a person of Indian origin or an overseas citizen of India who has habitual residence in India can apply for adoption of a child from India to CARA along with No Objection Certificate from the diplomatic mission of his country in India.
Section 59(12) of the JJ Act is set out hereinbelow:
59(12) – A foreigner or a person of Indian Origin or an overseas citizen of India, who has habitual residence in India, if interested to adopt a child from India, may apply to authority for the same along with a no objection certificate from the diplomatic mission of his country in India, for further necessary actions as provided in the adoption regulations framed by the Authority”.