Umsókn ķ Indlandi

ADOPTION PROCEDURE FOR NON-RESIDENT INDIAN, OVERSEAS CITIZEN OF INDIA AND FOREIGN PROSPECTIVE ADOPTIVE PARENTS

15.    Non-resident Indian to be treated at par with resident Indian. -   Non-resident Indian prospective adoptive parents shall be treated at par with Indians living in India in terms of priority for adoption of Indian orphan, abandoned or surrendered children.

16.    Registration and home study report for prospective adoptive parents for inter-country adoption. -   

(1)       Any non-resident Indian, overseas citizen of India and foreign prospective adoptive parents, living in a country which is a signatory to the Hague Adoption Convention and wishing to adopt an Indian child, can approach the concerned authorised foreign adoption agency or the Central Authority, as the case may be, for preparation of their home study report and for further necessary action.

(2)        In case, there is no authorised foreign adoption agency or Central Authority in their country of residence, then the prospective adoptive parents shall approach the concerned Government department or Indian diplomatic mission in that country for the purpose. 

(3)       The authorised foreign adoption agency or Central Authority or the concerned Government department or the Indian diplomatic mission, as the case may be, on completion of the home study report, shall register the application of the prospective adoptive parents in Child Adoption Resource Information and Guidance System in the format along with the required documents mentioned in Schedule – 5.

(4)       The seniority of the prospective adoptive parents shall be from the date of their registration in the Child Adoption Resource Information and Guidance System.

(5)       The home study report and other documents of the prospective adoptive parents referred to in this Chapter shall be scrutinized at Central Adoption Resource Authority in order to determine their eligibility or suitability.

(6)       Profiles of two children shall be referred to the authorised foreign adoption agency or Central Authority or Government department or Indian diplomatic mission, as the case may be, which may forward such profiles to the prospective adoptive parents concerned as per local rules. In case of a foreigner or overseas citizen of India, such profile of children shall be referred to the prospective adoptive parents.

(7)       The prospective adoptive parents may reserve one of the referred children within ninety six hours and the profile of the other child shall stand automatically withdrawn.

(8)       In case the prospective adoptive parents fail to reserve any of the children within ninety six hours, then the profiles of both the children stand automatically withdrawn.

(9)       As far as possible, preference of the prospective adoptive parents shall be taken into consideration when sending referrals to them.

(10)    If the prospective adoptive parents opt for one of the children shown, they shall accept the child by signing the child study report and medical examination report of the child within thirty days from the date of referral.

(11)    The child study report and medical examination report and photograph in original shall be sent by the specialised adoption agency to the concerned authorized foreign adoption agency or Central authority or the Indian diplomatic mission.

(12)    In case the prospective adoptive parents fail to accept the referred children within thirty days, then, the profile of the child will stand withdrawn to the Child Adoption Resource Information and Guidance System and the seniority of those prospective adoptive parents will shift to the bottom of the list, who shall be given another opportunity to select a child when their turn becomes due.

Provided that the registration of such prospective adoptive parents shall continue for two years from the date of registration.

(13)    If the prospective adoptive parents desire to visit the specialised adoption agency to see the child in person, before accepting him for adoption, such visit may be made after their adoption application is approved by Central Adoption Resource Authority, and the prospective adoptive parents can also get the medical examination report of the child reviewed by a medical practitioner of their choice.

(14)    The authorised foreign adoption agency shall forward the original documents of the prospective adoptive parents, as specified in Schedule-8, to the concerned specialised adoption agency.

 

17.    No Objection Certificate of Central Adoption Resource Authority and pre-adoption foster care. -

(1)       The Central Adoption Resource Authority shall issue no objection certificate in favour of the proposed adoption in the format at Schedule - 9 within ten days from the date of receipt of the acceptance of the child by the prospective adoptive parents and letter of approval/permission of the receiving country as per Article 5 and Article 17 of the Hague Adoption Convention, wherever applicable and a copy of such no objection certificate shall also be endorsed to all concerned and posted in Child Adoption Resource Information and Guidance System forthwith. 

(2)       The prospective adoptive parents may take the child in pre-adoption foster care within India after issuance of no objection certificate by Central Adoption Resource Authority, pending court order, by furnishing an undertaking to the specialised adoption agency in the format at Schedule- 7.

 

 18.    Legal Procedure. -

(1)       The specialised adoption agency shall file an application in the competent court with relevant documents as mentioned in Schedule- 8 within seven working days from the date of receipt of acceptance of the child by the prospective adoptive parents, for obtaining the adoption order from court and the specialised adoption agency shall enclose the documents in original along with the application.

(2)       In case the child is from a child care institution, which is located in another District, the specialised adoption agency shall file the adoption petition in the concerned court of that district.

(3)       The court will hold the adoption proceeding in-camera and dispose of the case within a period of two months from the date of filing of the adoption petition by the specialised adoption agency.

(4)       The specialised adoption agency shall obtain a certified copy of the adoption order from the court and will forward it to the prospective adoptive parents within ten days, besides posting a copy of such order and making necessary entries in the Child Adoption Resource Information and Guidance System.

(5)       Registration of a deed of adoption shall not be necessary.

(6)       The specialised adoption agency  shall obtain the birth certificate of the child from the birth certificate issuing authority and provide it to the prospective adoptive parents within ten days from the date of availability of adoption order, with the name of adoptive parents, as parents, and date of birth as recorded in the adoption order.

 

  1.  19.    Passport and Visa, intimation to immigration authorities, conformity certificate, birth certificate, etc. -

(1)       The Central Adoption Resource Authority shall issue a conformity certificate under Article 23 of the Hague Adoption Convention in the format provided in Schedule – 10 within three working days from the date of availability of the adoption order in the Child Adoption Resource Information and Guidance System, in case the receiving country of the adopted child is a Hague Adoption Convention signatory.

(2)       The Central Adoption Resource Authority shall inform the concerned immigration authorities and the foreigner regional registration office or as the case may be, the foreigner registration office about confirmation of adoption.

(3)       To obtain Indian passport for the adopted child, the specialised adoption agency   shall submit the application to the regional passport officer within three working days from the date of receipt of a certified copy of the adoption order.

(4)       The regional passport office shall issue passport for the adopted child within ten days from the date of receipt of application, in accordance with the circulars vide number  VI/401/2/3/2010 dated 16th May, 2013;  VI/401/2/3/2010 dated 8thJanuary 2015; VI.I/401/2/3/2010 dated 19th March 2015 and such other circulars that may be issued by the CPV Division of the Ministry of External Affairs regarding issuance of passport to inter-country adopted children, from time to time.

(5)       In case the adopted child has been provided with a passport of the country of nationality of the prospective adoptive parents by its diplomatic mission in India, the foreigner regional registration office or as the case may be, the foreigner registration office shall issue exit visa to the adopted child within three working days from the date of online application for the same  along with all supporting documents by the prospective adoptive parents. 

(6)       The specialised adoption agency shall also obtain birth certificate for the adopted child from the issuing authority within ten days from the date of receipt of the adoption order, with the name of adoptive parents and date of birth as recorded in the adoption order.

(7)       The adopted child shall be entitled to receive overseas citizen of India card, if found eligible.

(8)       The adoptive parents shall come to India for taking the adopted child to their country.

21.    Adoption by overseas citizen of India or foreign national living in India. -  

(1)       In case of an overseas citizen of India or foreign national, who is a citizen of a country that has ratified the Hague Convention and has been living in India for one year or more, shall apply online in prescribed format as specified inSchedule–5 along with the required documents uploaded in the Child Adoption Resource Information and Guidance System.    

(2)       On receipt of the application, along with the required documents, the Central Adoption Resource Authority shall refer the case to a specialised adoption agency for preparing the home study report in the format given at Schedule-6 and the specialised adoption agency shall upload the home study report in the Child Adoption Resource Information and Guidance System.

(3)       All other procedures shall be followed as per the provisions of sub-paragraph 6 to 14 of paragraph 16  and paragraphs 17 to 19. 

Provided that the prospective adoptive parents may reserve one of the referred children within forty  eight hours.

Note: The role of the authorized foreign adoption agency or Central Authority or Government department or Indian diplomatic mission in the above referred paragraphs shall be performed by specialised adoption agency. 

(4)       The specialised adoption agency shall report the progress of the child in the Child Adoption Resource Information and Guidance System in the format provided at Schedule – 11 along with photographs of the child on a quarterly basis during the first year and on six monthly basis in the second year from the date of pre-adoption foster care.

(5)       If any adjustment problem of the child with the adoptive parents comes to the notice of the specialised adoption agency, through the progress report or in course of post-adoption home visits, counselling shall be arranged for the adoptive parents and for the adoptee, wherever applicable.

(6)       During the follow-up, if the specialised adoption agency finds that the child is unable to adjust in the adoptive family or the continuance of the child in the adoptive family is not in the best interests of the child, it shall withdraw the child and provide necessary counselling and the specialised adoption agency shall also arrange for suitable alternate adoption or foster placement of the child, in consultation with State Adoption Resource Agency and Central Adoption Resource Authority.

(7)       A no objection certificate shall be required from the concerned diplomatic mission in India in favour of the proposed adoption.

(8)       The concerned diplomatic mission shall also ensure that the adopted child acquires citizenship of the country of his parents immediately after adoption decree and a copy of the passport of the child from the country of the nationality of the Prospective adoptive parents shall be forwarded to Central Adoption Resource Authority and the concerned specialised adoption agency.

(9)       An overseas citizen of India or foreign prospective adoptive parents, as the case may be, living in India, shall give an undertaking to the effect that if they move out of India before completion of two years after adoption, they shall inform to the Central Adoption Resource Authority about their movement and provide their new address, and continue to send their post-adoption progress report to Central Adoption Resource Authority for the remaining period.

(10)    Such prospective adoptive parents living in India, are required to give an undertaking to the effect that they would allow personal visits of the representative by the  specialized adoption agency or District Child Protection Unit or State Adoption Resource Agency, as the case may be at least for a period of two years from the date of adoption. 

 

22.    If one of the prospective adoptive parents is foreigner and other is an Indian, such case shall be treated at par with Indians living in India or living aboard, as the case may be. 

 Schedule 5

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