Adoption Laws

INTER-COUNTRY ADOPTION

Step I) Enlisted Foreign Adoption Agency (EFAA)

Step II) Role of Recognised Indian Placement Agency (RIPA)

Step III) Child being declared free for inter-country adoption - Clearance by ACA

Step IV) Matching of the Child Study Report with Home Study Report of FPAP by RIPA

Step V) Issue of No Objection Certificate (NOC) by CARA

Step VI) Filing of Petition in the Court

Step VII) Passport and Visa

Step VIII) Child travels to adoptive country

GLOSSARY OF TERMS

Adoption Coordinating Agency (ACA)

Adoption Scrutinising Agency (ASA)

Central Adoption Resource Authority (CARA)

Central Authority (CA)

Child Study Report (CSR)

Child Welfare Committee (CWC)

Clearance Certificate (CC)

Enlisted Foreign Adoption Agency (EFAA)

Foreign Prospective Adoptive Parents (FPAP)

Guardian and Wards Act, 1890 (G.A.W.A)

Hindu Adoption and Maintenance Act, 1956 (H.A.M.A)

Home Study Report (HSR)

In-Country Adoption (IA)

Inter-country Adoption (ICA)

Juvenile Justice (Care & Protection of Children) Act-2000 (JJ Act-2000)

Licensed Adoption Placement Agency for In-Country Adoption (LAPA)

No Objection Certificate (NOC)

Non-Resident Indian/Indians (holding Indian Passport) (NRI)

Physical Examination Report (PER)

Persons of Indian Origin (PIO)

Recognized Indian Placement Agency for Inter-country Adoption (RIPA)

AUTHORITIES & AGENCIES

Government of India

Central Authorities

Foreign Adoption Agencies enlisted by CARA shall be called Enlisted Foreign Adoption Agencies (EFAAs)

Recognized Indian Agencies for Inter-country Adoption (RIPA)

Adoption Coordinating Agencies (ACAs)

Adoption Scrutiny Agencies (ASAs)

Indian Diplomatic Missions

CARA

ROLE OF STATE GOVERNMENTS/UNION TERRITORIES

Licensing of Children’s Homes

List of Adoption Agencies

Inspection of Adoption Agencies

Monitoring of Performance

Suspension/termination of recognition of RIPA

LIST OF PROSPECTIVE ADOPTIVE PARENTS

Intake of Children

Child becoming legally free for adoption

Priority to In-country Adoption

Documentation of efforts

Quarterly Data to be furnished to Authorities

Surrender of a Child

MISCELLANEOUS

Violation of Guidelines

Cases deserving relaxations

Amendments to Guidelines



• LIST OF DOCUMENTS REQUIRED FROM EFAA

• LIST OF DOCUMENTS REQUIRED FROM FOREIGN ADOPTIVE PARENTS AND SOCIAL OR CHILD WELFARE

• AGENCY ENLISTED BY GOVERNMENT OF INDIA FOR CONSIDERATION OF AN INTER-COUNTRY



Application of Indian Child

Home Study Report of the foreign adoptive parents prepared by a professional social worker of EFAA/person authorized by Central Authority/Government Departments.

Recent photographs of the adoptive parents/family.

Marriage certificate of prospective adoptive parents.

Certificate of medical fitness of adoptive parents duly certified by a medical doctor.

Declaration regarding financial status of prospective adoptive parents along with supporting documents, employer’s certificate/Income Tax Return Order and Bank references.

Three reference letters from acquaintance/relatives regarding suitability of PAPs to adopt.

Adoption decree of previously adopted child/children, if any.

Police clearance report.

Birth certificate/passport, as proof of age

Approval of the Central Authority (suitability report – HSR).

Documentary proof of citizenship/nationality of PAPs.

Undertaking from EFAA sponsoring the foreigner to the effect that child would be legally adopted by the foreign adoptive parents according to the law of the country within a period not exceeding two years from the time of arrival of the child and as soon as the adoption is effected, the enlisted agency will send certified copies of adoption order each to all concerned.

Undertaking from the EFAA that follow up report r relating to progress of the child along with his/her recent photograph would be sent six monthly basis for a period of 2 years or until such time as the legal adoption is completed and citizenship is acquired in the receiving country.

Power of Attorney from prospective adoptive parents in favour of office/official of RIPA in India which will be required to process the case and such Power of Attorney should authorise the Attorney to handle the cases on behalf of the foreigner in case the foreigner is not in a position to come to India.

Undertaking from the EFAA to the effect that in case of disruption of the family of the foreigner before legal adoption has been effected, it will take care of the child and find a suitable alternative placement for the child with the approval of Central Adoption Resource Authority. After seeking the necessary approval from CARA, it will report alternative placement to the concerned Indian court handling guardianship proceedings with the help of concerned RIPA and such information shall be passed on to all concerned.

Undertaking from the EFAA that it will pay adoption fee to the concerned RIPA

Certificate from EFAA sponsoring application of the foreigner to the effect that adoptive parents are permitted to adopt a child according to the law of their country and the child will receive an entry permit/visa.

LIST OF DOCUMENTS TO BE SUBMITTED BY RIPA TO CARA FOR OBTAINING

NOC

RIPA should apply on the format prescribed by CARA

All documents listed under Annexure-2

Child Study Report” duly accepted and approved by PAPs (notarized/ attested)

Physical Examination Report of the child duly accepted and approved by PAPs (notarized/attested)

Proof of the child legally free for adoption (CWC certificate/copy of the surrender deed).

ACA clearance certificate (not required for NRI).

IN COUNTRY ADOPTION

• Adoption act
• Follow up visits
• Aims & objects
• Adoption homes
• Role & functions of lapas
• Mode of admission of children of lapa
• Surrender of a child by biological parents
• Abandoned child
• Procedure for incountry adoption
• Adoption act
• Adoption costs
• Criteria for prospective adoptive parents
• Criteria for eligible children
• Procedure for home study reports (hsr)
• Safeguards
• Court procedure
• Birth certificate
• Records and documents to be maintained by the lapa
• Transfer of children
• Minimum standards in child care homes
• List of children’s home
• List of adoption agencies
• Role and functions of state governments
• Inspection of adoption agencies
• Monitoring of performance
• Suspension/termination of recognition/license of ripa/lapa
• Format of master admission register
• Minimum standards in child care homes
• Child study report
• Idelines for home study
• Guidelines for preparation of home study
• Factual information
• Psycho-social assessment of the couple
• Capacity for parenthood and expectations of a child
• Attitude of significant others
• Others issues
• Registration form for prospective adoptive parents
• Documents required for indian adoption
• Additional documents if applicable
• Format for medical report of the prospective adoptive parents