Adoption is not about finding children for families, it's about finding families for children. — Joyce Maguire Pavao
Adoption is an extraordinary journey that transforms the lives of both children and families. For Non-Resident Indians (NRIs)or OCIs living abroad, adopting a child from India is a complex process with a series of legal and administrative hurdles. However, the prospect of offering a child a loving home and a brighter future is a compelling reason to navigate these challenges.
This guide provides an in-depth look at the adoption process for NRIs, covering each step in detail, from registering with the Central Adoption Resource Authority (CARA) to taking custody of your child and post-adoption follow-up. We explore the necessary rules and regulations, emphasizing the role of lawyers in ensuring a smooth and compliant adoption.
Whether you're just starting your adoption journey or seeking guidance on complex issues, this guide will walk you through the essential steps, helping you navigate the process with confidence. Adoption is a profound act of love, and with the right preparation, you can provide a child with the family and future they deserve.
Let us understand the whole process here.
Key Regulations and Governing Bodies
Adoption in India is governed by a combination of national laws and international conventions. Understanding these is crucial for NRIs and Overseas Citizens of India (OCIs) planning to adopt from India. The key regulations and governing bodies are:
Central Adoption Resource Authority (CARA): This is the central regulatory authority for adoption in India, overseeing both domestic and inter-country adoptions. It operates under the Ministry of Women and Child Development and is responsible for setting guidelines, approving agencies, and regulating the adoption process.
The Juvenile Justice (Care and Protection of Children) Act, 2015: This act serves as the primary legal framework for adoption in India, allowing non-Hindus to adopt and establishing the procedures for adoption through CARA.
The Hague Adoption Convention: An international treaty that sets standards and protocols for inter-country adoption, emphasizing the best interests of the child and preventing abduction, sale, or trafficking of children.
Step-by-Step Adoption Process for NRIs
The adoption process for NRIs involves several key stages, each with specific requirements, documentation, and legal considerations. Here's a comprehensive overview of the process. They are also known as Prospective Adoptive Parents (PAPs).
Step 1: Registration with CARA
The first step for NRIs wishing to adopt from India is to register with CARA through its Designated Portal. This registration initiates the adoption process and signals the intent to adopt.
Prospective adoptive parents must meet the criteria set by CARA, including:
Age: Prospective adoptive parents must be at least 25 years old. , the combined age should not exceed 110 years, with a minimum age difference of 21 years between the PAP and the child.
Marital Status: Both married couples and single individuals can adopt, but a single male cannot adopt a female child.
Financial Stability: Prospective adoptive parents must demonstrate financial stability and the ability to provide for a child's needs. This is typically evidenced by income statements, employment proof, and other financial documents depending on the family
Health: Prospective adoptive parents must be in good health, with no life-threatening conditions.. This is verified through medical reports.
Criminal Background Checks: PAPs must have a clean criminal record, with no offenses against children or violence.
Registration with AFAA: If you reside in a country that is a signatory to the Hague Adoption Convention, you must register with an Authorised Foreign Adoption Agency (AFAA) or the Central Authority in your country. If none exist, you should contact the Indian embassy or diplomatic mission.
Home Study Report (HSR)
After registration, the next step is the Home Study Report (HSR), a detailed assessment of the prospective adoptive parents' suitability for adoption. This report is critical for evaluating the readiness and capability of the adoptive parents.
Components of the HSR:
The HSR examines the safety, space, and suitability of the home environment for raising a child.
It assesses the financial stability of the adoptive parents, ensuring they can provide for a child's needs. This involves reviewing income, employment, and other financial resources
A health check is required to confirm that the prospective adoptive parents are in good health.
The HSR explores the family structure and background, including relationships with extended family members.
The HSR is prepared by the AFAA, Central Authority, or Indian embassy/diplomatic mission in your country of residence. Once completed, it is submitted to CARA through the Designated Portal.
Child Referral and Reservation
Once the Home Study Report is approved, the next step is the referral and reservation of a child.
Referral Process: CARA forwards profiles of children available for adoption to the AFAA, which then sends them to the prospective adoptive parents. The referral includes information about the child's background, health, and other relevant details.
Reservation Period: Prospective adoptive parents have 96 hours to reserve a child after receiving the referral. If they do not, the profile is withdrawn, and they must wait for another referral.
Acceptance of Referral: After reserving a child, prospective adoptive parents must sign the Child Study Report and Medical Examination Report within 30 days to formally accept the referral. Failure to do so results in the loss of the referral and the PAP's seniority is relegated to the bottom of the list. This step indicates their commitment to proceed with the adoption.
No Objection Certificate (NOC) and Pre-Adoption Foster Care
To proceed with the adoption, the prospective adoptive parents must obtain a No Objection Certificate (NOC) from CARA.
Obtaining NOC
CARA issues the NOC within ten days of receiving the signed acceptance of the child, along with approval from the receiving country, as required by the Hague Adoption Convention.
Pre-Adoption Foster Care
Once the NOC is obtained, prospective adoptive parents can take the child into pre-adoption foster care in India while the adoption order is pending. This requires an undertaking to the Specialised Adoption Agency (SAA) to ensure proper care and guardianship during this period. This is the period when the child is not allowed to be removed from the country and either of the parents will have to live with the child.
Court Proceedings and Obtaining the Adoption Order
The adoption order legally finalizes the adoption and grants custody of the child to the adoptive parents. This is a crucial step that involves legal proceedings including the court.
Filing the Adoption Application
After obtaining the NOC, the PAP, or their appointed representative, files an adoption petition in the appropriate Indian court and the SAA submits the adoption application to the District Child Protection Unit (DCPU), which forwards it to the District Magistrate for final approval. This application must include all required documents, including the NOC, HSR, Child Study Report, and Medical Examination Report.
Role of the District Magistrate
The District Magistrate reviews the application to ensure compliance with CARA's regulations. If approved, the adoption order is granted, legally finalizing the adoption and granting legal custody to the adoptive parents.
Special Power of Attorney
If the adoptive parents cannot be present in person, they can grant a Power of Attorney to a representative at the SAA to handle the adoption process on their behalf.. This representative is typically a PAPs Lawyer and adoption in-charge at the SAA who handles the legal proceedings on behalf of the PAPs.
Passport and Visa, Final Custody
After obtaining the adoption order, the focus shifts to securing the necessary travel documents for the child to leave India and join the adoptive parents in their country of residence.
Passport Application
The SAA applies for an Indian passport for the adopted child, which should be issued within ten days of application. This passport is required for the visa application.
Visa Arrangements
The adoptive parents must work with the embassy or consulate of their country to secure a visa for the child. This requires coordination with immigration authorities and ensuring compliance with the receiving country's laws and regulations.
Final Custody
Once the passport and visa are issued, the SAA hands over custody of the child to the adoptive parents. The adoptive parents must travel to India to complete the process and take custody of the child within two months of obtaining the adoption order.
Post-Adoption Follow-Up and the Two-Year Rule
CARA mandates a post-adoption follow-up process to ensure the well-being and proper adjustment of the adopted child in their new home. This process is crucial for NRIs and involves a two-year monitoring period.
Progress Reports
During the first year, the Authorised Foreign Adoption Agency (AFAA) or Central Authority must submit quarterly progress reports to CARA. In the second year, reports are required every six months. These reports should contain information on the child's health, education, adjustment, and overall well-being.
Adjustment Issues
If any adjustment issues arise, the AFAA or Central Authority provides counselling and support to the adoptive parents and the child. In severe cases, they can withdraw the child from the adoptive family and arrange for alternative placements.
Role of Indian Embassies
Indian embassies or diplomatic missions may play a role in monitoring and ensuring the child's well-being. They may also assist in repatriating the child if necessary.
The Role of Lawyers in the Adoption Process
The above-mentioned steps are the practical experiences we gain as we assist our clients during their process. We have been involved since day 1 to ensure the right documentation and process are followed. Given the legal complexities and multiple steps involved in the adoption process for NRIs, the role of lawyers is crucial. Here's why lawyers are essential:
Navigating Legal Complexities
Lawyers help prospective adoptive parents understand the legal requirements, including CARA's regulations and international conventions like the Hague Adoption Convention. They ensure compliance with these requirements throughout the process.
Court Representation
Adoption involves court proceedings, and WE represent adoptive parents during the application process. We ensure all legal documentation is correctly prepared and filed, reducing the risk of delays or complications.
Protection of Rights
We safeguard the rights of both the adoptive parents and the adopted child, ensuring compliance with legal protocols to prevent any potential legal issues that could jeopardize the adoption.
Handling Legal Challenges
We are always available to address unexpected legal challenges, such as issues with documentation, delays in court proceedings, or compliance with international laws. Their expertise ensures the adoption process proceeds smoothly.
Guidance on Post-Adoption Requirements
We also help with post-adoption follow-up, including the two-year rule for NRIs. We help adoptive parents navigate any issues that arise during this period and ensure compliance with reporting obligations.
ADOPTION FROM FAMILY MEMBERS OR FRIENDS.
Adopting a child from a family member or friend involves unique aspects compared to traditional adoption, such as adoption through Specialised Adoption Agencies (SAAs). Here's a list of key differences:
Pre-Existing Relationship (Family or Friend Adoption)
The adoptive parent typically has a pre-existing relationship with the child, such as an aunt or uncle adopting a niece or nephew, or a close family friend adopting a child they know.
Consent from the child's biological parents or legal guardians is typically required. This consent must be formalized to ensure the adoption is voluntary and without coercion.
The court assesses the adoption petition to ensure compliance with legal requirements and to confirm that the adoption is in the child's best interest. The court may scrutinize the relationship to ensure no undue influence or coercion.
Documentation must include consent forms from biological parents, in addition to other required documents like the Home Study Report (HSR), birth certificates, and court petitions.
CARA's post-adoption follow-up requirements still apply, with progress reports submitted to monitor the child's well-being. However, there may be additional scrutiny due to the pre-existing relationship.
There is a heightened risk of ethical issues, such as coercion or pressure on biological parents. Additional safeguards are required to ensure the adoption is ethical and in the child's best interest.
Traditional Adoption
The adoptive parent usually does not know the child beforehand. The child is often identified through an adoption agency or CARA's matching process.
Consent may come from a legal authority, such as the SAA, in cases of orphaned, abandoned, or surrendered children. Biological parents' consent may not be necessary if the child is a ward of the state.
Court proceedings are more standardized, with the adoption petition typically based on the reports and documents provided by the SAA or CARA.
The documentation involves the HSR, CARA's matching records, and other documents from the adoption agency or court, with less focus on biological parent consent.
The post-adoption follow-up follows CARA's standard requirements, focusing on quarterly reports in the first year and semi-annual reports in the second year.
Ethical concerns focus on ensuring the child's welfare and compliance with adoption regulations, with less emphasis on pre-existing relationships.
While both family/friend adoption and traditional adoption require compliance with CARA's regulations and court proceedings, the main differences lie in the pre-existing relationship, consent requirements, court scrutiny, legal documentation, post-adoption follow-up, and ethical considerations. Adopting from a family member or friend demands careful attention to ethical issues and additional legal safeguards to ensure the adoption is legitimate and voluntary.
Conclusion
Adoption is a significant commitment that requires careful planning, thorough documentation, and compliance with legal requirements. For Non-Resident Indians (NRIs) seeking to adopt from India, the process involves multiple steps, each with specific regulations and legal considerations. By understanding the detailed process and working with experienced lawyers, prospective adoptive parents can navigate the adoption journey successfully, providing a loving and secure home for a child in need.
It's important to follow CARA's guidelines and comply with the post-adoption follow-up requirements, including the two-year rule, to ensure the child's well-being and proper adjustment. With the right support and legal guidance, adoption can be a rewarding and fulfilling experience, offering a child a new beginning and a brighter future.
Adopting a child from India as an NRI can be a beautiful journey, but it comes with its challenges. Our compassionate team is here to help. We'll guide you through the legal requirements, CARA's regulations, and court proceedings, making sure your adoption is as smooth and stress-free as possible. Reach out to us, and let's work together to turn your dream of providing a loving home into a reality. Because when it comes to building families, we understand how much heart is involved. We're here for you every step of the way.
