International Journal For Multidisciplinary Research

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A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal

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Conflict of Laws in Inter-Country Adoption: Recognition and Enforcement of Foreign Adoption Orders in India

Author(s) Ms. Priya Tyagi, Prof. Dr. Reena Bishnoi
Country India
Abstract The recognition and enforcement of foreign adoption orders in India sits at the intersection of private international law, child welfare, family law, statutory interpretation international cooperation. In India, inter-country adoption has historically developed through judicial innovation rather than a fully codified conflict-of-laws framework. The Supreme Court’s landmark intervention in Laxmi Kant Pandey v. Union of India created procedural safeguards in the absence of legislation the Juvenile Justice (Care and Protection of Children) Act, 2015 later incorporated a statutory structure for inter-country adoption, while also acknowledging the relevance of the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption, 1993. Even so, substantial uncertainty remains where an adoption order is passed abroad and recognition is sought in India for purposes such as status, inheritance, identity, guardianship, immigration, passport documentation parentage. India has no single comprehensive statute governing recognition of foreign adoptions across all personal laws this gap generates doctrinal and procedural inconsistency.
This paper examines the conflict-of-laws issues arising when foreign adoption orders are presented before Indian authorities or courts for recognition and enforcement. It analyzes the normative foundations of recognition, the interaction between Indian statutory law and private international law principles, the role of public policy and child welfare the practical significance of apostilled foreign documents in Indian proceedings. It argues that Indian law recognizes inter-country adoption primarily through a child-centric welfare approach, but lacks a coherent legislative framework for automatic recognition of foreign adoption decrees. The paper further contends that the present legal position creates avoidable uncertainty for adoptive families and children, especially where the adoption originates in a foreign jurisdiction and later requires domestic acknowledgment in India. The paper concludes by proposing legislative and institutional reforms, including a dedicated statutory chapter on recognition of foreign adoption orders, clearer evidentiary rules, harmonized treatment across personal laws stronger implementation mechanisms through CARA and designated courts.
Keywords Adoption, CARA, Juvenile Justice, Child Welfare, Foreign Adoption
Field Sociology > Administration / Law / Management
Published In Volume 8, Issue 3, May-June 2026
Published On 2026-06-26
DOI https://doi.org/10.36948/ijfmr.2026.v08i03.82369

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