Bombay High Court Holds Indian Relatives Can’t Adopt Foreign National Child Unless JJ Act Criteria Met

The Bombay High Court has ruled that Indian relatives cannot adopt a foreign national child under the Juvenile Justice Act, 2015, unless the child is in need of care and protection or is in conflict with law.

Dismissing a plea by an Indian couple seeking to adopt their U.S. citizen nephew, the Court held that the JJ Act and the Adoption Regulations, 2022 do not permit such adoption.

The Court agreed with CARA that foreign national children outside these definitions fall outside the law’s scope, and private or in-country adoption must comply strictly with statutory provisions.