SC seeks clarity on citizenship status of adopted child

New Delhi, April 9, 2013, DHNS:
A two-judge bench of the Supreme Court (SC) presided by Justice Gyan Sudha Misra on Monday has asked the Centre to explain the citizenship status of a child adopted by a foreign couple.

The apex court poser came while hearing a special leave petition filed by 31-year-old Jennifer Edgell Haynes whose inter-country adoption had gone terribly wrong.
The court wanted to know if such an adopted child is granted citizenship of the country of the adoptive parents.

Haynes was deported back to India on a direction from an American court after being allegedly involved in a drug case in 2008.

She was adopted by an American couple from a Mumbai orphanage in 1989 when she was seven years old. However, the couple had differences within two years. She was then handed over to another American couple in Michigan.

But, she claimed, her tale of woes continued as she was exploited by her new foster parents, forcing her to take shelter in another home.

Ultimately, the woman got married and had children. But her life took another turn when she was caught in a drug case in 2008, forcing US authorities to send her back on the ground that she was not a US citizen and had no right to stay there. Now, she wants to return to the United States to be reunited with her minor children. The court was moved after going through her story.

“If she is married to a US citizen, then, is citizenship not granted automatically,” the bench, also comprising Justice J Chelameswar, asked Additional Solicitor General Siddharth Luthra. “Why should she be deported back to India,” the bench wondered.
The court also asked if adopted children were not granted citizenship of the country of the foster parents. Luthra, on his part, submitted that he wanted two weeks to go into the details of the case.