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The Supreme Court of India has expressed a prima facie view that an adoption deed relates back to the date of adoption, emphasizing the retrospective effect of such legal documents. The bench, while hearing a matter concerning inter-country adoption, directed the competent authorities to reconsider an application that had been previously rejected.
The case involved a prospective adoptive parent seeking to adopt a child for inter-country relocation. The adoption deed had been executed, but authorities denied the application, citing procedural concerns. The petitioner argued that the adoption had already taken legal effect and should be recognized accordingly.
The Court observed that once an adoption is validly made under the law, the execution of the adoption deed merely formalizes the arrangement and does not alter its legal effect. Referring to settled principles of adoption law, the bench remarked that an adoption deed is not constitutive but declaratory in nature, meaning it affirms an existing status rather than creating a new one.
In light of this reasoning, the Supreme Court directed the relevant authorities to reconsider the application for inter-country adoption, ensuring that procedural technicalities do not hinder the legitimate rights of adoptive parents and children.
This decision highlights the Court’s commitment to interpreting adoption laws in a manner that safeguards the welfare of the child while ensuring legal clarity for adoptive parents. It also reiterates the importance of adoption as a legal institution aimed at providing children with stable family environments, regardless of jurisdictional barriers.
The final ruling on the matter is awaited, but the Supreme Court’s observations serve as a crucial precedent for future cases involving adoption deeds and inter-country adoption procedures.
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