The Bombay High Court has dismissed a petition filed by an Indian couple seeking to adopt their relative's child who is a U.S. citizen, ruling that Indian law does not permit such an adoption unless the child falls under specific legal categories.

A Division Bench of Justices Revati Mohite Dere and Neela Gokhale held that Indian citizens do not have a fundamental right to adopt a foreign national child—even a relative—unless the child is officially recognized as a “child in need of care and protection” or a “child in conflict with law” under the Juvenile Justice (Care and Protection of Children) Act, 2015.

The couple had sought court permission to adopt the child, who has been living with them in India since infancy. However, the Court declined to invoke its extraordinary powers under Article 226 of the Constitution, stating that Indian laws and adoption regulations do not provide a legal route for such an adoption.

“There is no provision in the Juvenile Justice Act or Adoption Regulations allowing adoption of a foreign national child, even among blood relatives, unless the child is deemed vulnerable under Indian law,” the Court observed.

The Central Adoption Resource Authority (CARA) had also rejected the couple’s request to register as adoptive parents, pointing out that the child’s U.S. citizenship rules out eligibility under current Indian adoption laws. CARA advised that the adoption must first take place under U.S. law, after which the adoptive parents can proceed with Indian procedures to bring the child to India.

Agreeing with CARA’s position, the High Court concluded that neither the couple’s constitutional rights nor the child’s rights were violated and refused to intervene.

The petition was accordingly dismissed, with the Court reiterating that the proper legal route begins with adoption formalities in the United States, followed by compliance with Indian legal procedures