Mary Harris Parker & ANR. v. Union Of India & ANR.

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4168/2026 CM APPL. 20375/2026 MARY HARRIS PARKER & ANR.

.....Petitioners Through:

Mr. Lokesh Sharma, Mr. Himanshu Gautam, Advocates.

versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Honey Khanna SPC for UOI with Adv Nikita Mishra and Adv Sumit Bhargava, Advs. for R-1 & 2.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 01.04.2026 1.

The petition is for setting aside the communication dated 10.03.2026, whereby, the 'No-Objection Certificate' ['NOC'] dated 27.07.2025 issued by respondent no. 2-Central Adoption Resource Authority (CARA) in favour of the petitioners for adoption of an Indian child has been cancelled. 2.

The petitioners are citizens of the United States of America and intend to adopt a female child by the name, Chinmayee. Towards the same, the NOC was issued by CARA for inter-country adoption by the petitioners under Regulation 17(1) of the Adoption Regulations, 2022 (Regulations) framed under the Juvenile Justice (Care and Protection of Children) Act, 2015 (Act).

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2026 at 11:05:04

3.

The impugned order is assailed on various grounds. A perusal thereof, however, indicates that the cancellation of the NOC by CARA is mainly on the ground that the District Magistrate, Rayagada, had rejected the application for adoption of the child under Section 59 of the Act, vide order dated 23.12.2025.

4.

Learned counsel appearing for the petitioners submits that the order passed by the District Magistrate was challenged before the High Court of Orissa in W.P. (C) 8181 of 2026, which was withdrawn with liberty to approach the Appellate Authority under Section 101 of the Act. He submits that the impugned communication dated 10.03.2026 may not be amenable to be assailed before the Appellate Authority and, therefore, this petition has been filed.

5.

The Court, however, finds that the impugned communication is consequential to the order dated 23.12.2025 passed by the concerned District Magistrate. If the order dated 23.12.2025, itself, is set aside, the impugned communication herein will have to be reconsidered and will have no bearing.

6.

It be clarified that if the concerned Appellate Authority sets aside the order dated 23.12.2025, the necessary consequences shall follow. The petitioner is also, therefore, granted liberty to make an appropriate prayer before the concerned Appellate Authority.

7.

For all those reasons, the instant petition stands dismissed. 8.

All rights and contentions are left open.

PURUSHAINDRA KUMAR KAURAV, J APRIL 1, 2026/P The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/04/2026 at 11:05:04