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Union of India & Anr. etc. v. Ankur Gupta & Ors.

Civil Appeal · 2019 INSC 264Decided 25 Feb 2019
Civil Appeal Nos. 2017-2020 of 2019
Justice Ashok Bhushan · Justice K.M. Joseph

Background

Ankur Gupta and his wife, both originally Indian, lived in the USA for a decade before returning to India in 2016 and applying to adopt a child as "resident Indian" prospective parents. While waiting for a child, both acquired US citizenship, which they later disclosed and re-registered for under the Overseas Citizen of India (OCI) category, while asking that their original 2016 seniority date be preserved. The adoption agency referred a specific child (Shomya) to them based on their original registration, but the Central Adoption Resource Authority (CARA) found this improper once their change in citizenship came to light, leading to prolonged litigation (including a contempt case) after the Bombay High Court directed reconsideration based on the original application date; the Union of India and CARA then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that once the couple acquired US citizenship, they legally ceased to be eligible to adopt as "resident Indian" prospective parents, and this consequence takes effect immediately regardless of any procedural gaps in the regulations for updating citizenship status, so the High Court's direction to process their application on the basis of the original (resident-Indian) registration date was set aside. However, acknowledging the couple's genuine, good-faith, years-long effort and their continued eligibility as Overseas Citizens of India for inter-country adoption, the Court fashioned a middle path: the specific child must again be notified as legally free for adoption, and if no Indian resident parents adopt the child within 60 days (as the law requires for inter-country adoption to even be considered), the child would then be given to the respondents in inter-country adoption. The connected appeals against the closure of contempt proceedings were also allowed, with the Court observing that the contempt applications were "ill-advised" and rejecting them, while leaving each side to bear its own costs.

Lesson Learnt

Acquiring foreign citizenship immediately changes a person's legal eligibility category for adopting a child in India, from "resident Indian" to "overseas"/inter-country adoption rules, and this shift takes effect regardless of when or how it is procedurally recorded in the adoption system.

Official source (sci.gov.in)View Judgment (PDF)

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