The process of adoption in india

Who can adopt ?
An Indian citizen (other than a single male), a Non- resident Indian or, a Foreign national can adopt a child in India. Each group is governed by a pre-determined set of procedures which must be completed to fulfil the adoption process. The prospective Adoptive parent(s) could be either a married couple or, a single female parent. There are certain eligibility conditions such as age, financial status, medical status, etc. that govern adoptions in India.

What are the eligibility conditions to adopt?
Marital status
Married couples or single adults who have a steady income, sufficient to bear the family expenses and provide financial security for the child.
Age
a) Infants preferably up to 12 months can be placed with adoptive parents whose composite age is 85 years and where neither parent has crossed 45 years.
b) In the case of older adoptive parents, the age of the child has to commensurate as far as possible with the age difference of the parent e.g. a child is 1 year + may be placed with a 46 year old, 2 years with a 47 years old.
c) A child may be placed in adoption before it reaches the age of 12 as far as possible.
d) In case of Special Needs children with medical problems, the age limit of adoptive parents may be relaxed by CARA on case to case basis.
e) However, in no case the age of an adoptive parents should be above 55 years.
Family conditions
Those who live in a home environment comfortable for themselves and their child.


Must I be married to be able to adopt ?

Not necessarily; married couples and a single female are both allowed to adopt
Is there an age limit for a prospective adoptive parent ?
Yes, the minimum age is 21 years. A maximum age has not been specified; however, as a matter of practice, agencies do not encourage adoptions by persons who are more than 45 years of age.

What Law is applicable to Adoptions ?

In-country adoptions can be made by Hindus under the Hindu Adoption and Maintenance Act (19..)Non- Hindus are not permitted by their religions to adopt and may take a child as a Ward under the Guardians…. Act (19..). NRIs may also, adopt under these Provisions.
A foreigner adopting from India, is given the child under the Guardian and Wards Act and is expected, within a period of 2 years, to legally formalise the adoption as per the Laws of the country of his/ her residence.

What is an illegal adoption ?
An adoption legally formalised by a Court of Law, accords to the Adopted child inheritence and other status equivalent to that of a biological child. The formalisation of an adoption involves the issuance of a birth certificate in favour of the child where the adoptive parents are declared as the parents of the child. Once this is done, the child had all the rights as a biological child. Also, the biological parents cannot at a future date claim the child as their own.

Illegal adoptions are those where the legal process has not been followed. Sometimes (commonly, in India), a destitute child just enters the family fold and is brought up by the parents as their own. Likewise, adoptive parents sometimes obtain children clandestinely, through private hospitals/ other sources, and do not complete the legal process. Such children do not automatically have the rights of a biological child and the biological parents can claim rights to the child if they so, desire.

Is the age of the prospective parent a criterion in determining the selection of a child ?
Yes, generally infants are not placed for adoption with older couples (beyond 40 years); an older couple has to adopt an older child one who has crossed infancy.

Can I give specifications for the child I would like to adopt ?
Yes, you can specify the age, religion, birth status, skin colour, features, etc. However, with every additional specification, you are restricting the options/ choices.

Can I adopt if I already have a biological child?
Yes, except that, you cannot adopt a second child of the same sex if you already have a biological or an adopted one.

What are the steps in the Adoption process ?
The adoption process is determined by the following classification :
1. Domestic adoptions (Indian nationals including NRIs)
2. Inter- country adoptions

In-country Adoptions (Indian nationals including NRIs)

The formal process begins with registration ; the prospective parents must register with an agency of their choice.

Registration involves documentation to declare intent to adopt, substantiated by documents establishing marital, financial , character and health status vis-à-vis suitability to adopt. A part of the documentation also, calls upon the prospective parents to indicate their choices if any, in selecting a child; the prospective parents may give specifications such as age, sex, religion, physical features, medical fitness, etc. about the child that they wish to adopt. The details of the documents required are given below:

1. An agency application form
2. Marriage Certificate/ affidavit
3. Medical Reports of both parents declaring general physical and mental fitness from a local physician.
4. Employment/ Income statement.
5. Bank Statement
6. Property Statement.
7. Character references from 2 persons known to the prospective parent(s).
8. Self Study Report.
9. Photographs (4 each of the prospective parent(s).
10. Consent letter from the wife (only in the case of adoptions under the Hindu….. Act, 19.. ) for the child to be adopted by the husband.
11. Undertaking that the Adoptive parents will participate in the follow-up process for monitoring the adaptability and progress of the child.
In case the prospective parent(s) have previously adopted a child, the following documents with regard to the child earlier adopted, must be provided in addition:
1. Integration report of the child (this is a report commenting on the adaption of the adopted child into the family and vice- versa. The report comments on matters such as health, generally followed daily- routine, motor development and physical activities, social adaptation, personality development and the views of the parents with regard to the adoption experience).
2. Copy of the Court Order
3. Medical Report commenting on physical and mental fitness from a local practitioner.
4. 4 photographs of the child

• Post-registration and subject to preliminary documentation being complete, generally an agency social worker is assigned to the case. S/he will explain details of policies, procedures, legal requirements, payment schedules , documentation etc. to the prospective parents.

• The social worker will then, conduct a home study which involves a series of interviews/ home visits, aimed at helping prospective adoptive parents to think through their capacity to adopt a child and reconfirming the suitability of the prospective parents to go through the adoption process and to handle the responsibility of nurturing as their own, an adopted child. The home study document establishes the suitability of the prospective parents to adopt, and recommends further processing. A social worker may deny the request for adoption if she is not convinced about the suitability of the adoptive parents. In this case, the adoption request may be closed by the agency and an appropriate refund of fees may be made. If the application is approved, and subject to the applicable fees being paid, the process of selection of the child is initiated.

• In keeping with the specifications if any, indicated at registration, the prospective parents may select their child. The child's medical records are made available by the agency. Prospective parents may initiate an independent medical examination if they so desire.

• After the child is identified and subject to her being legally free for adoption, the prospective parents may take temporary custody of the child for the period of three months. This period is allowed for the prospective parents to review and revalidate their intention to adopt .

• At the end of the period, the case is referred to the City Civil/ High/ District / Family Court for formalisation of the adoption. An adoption deed registered with the ………is issued.

• A birth certificate declaring the adoptive parents as the parents/ guardians of the child is issued and the adoption process is complete.

Inter- Country Adoptions

Inter- country adoptions must be routed through a local agency in the country of location, which is also, recognised by the Central Adoption Resource Agency (CARA), Government of India . The foreign agency will undertake all the steps required to authenticate the request for adoption. The agency undertakes the Home study and is responsible for completion of documentation, payment of fees, visa and travel arrangements, etc.

The agency will then make a request for adoption to an adoption agency in India authorised by CARA to undertake inter- country adoptions. A list of recognised Indian agencies, is available on the CARA Website (link). ).
The process in the country of location would on the lines similar to the process described below: (extracted/ adapted, from http://www.ichild.org/basics.htm)

1. Home Study. The assigned social worker will interview the prospective parent(s) and write out a 5-8 page document, stating who and what they are, and why she thinks they will make good parents. The social worker will get the home study ( 3 copies) notarized .
2. Birth Certificates. The prospective parent(s) (if applicable) must submit certified birth certificates.
3. Marriage Certificate. The prospective parent(s) (if applicable) must submit the official certified Marriage Certificate.
4. Financial Statement. This is usually a one page typed list of financial holdings and include a statement of assets, bank balances are, etc. This must be notarised.
5. Employer's Letter. This should be on the employer's letter head. He/She should simply state the position held, remuneration, length of employment, etc. If self-employed, an accountant will need to write up the details on his stationery; the signature of the accountant will have to be notarised
6. Medical Letters. A report on a basic physical checkup certified on doctor's Letter Head, must be submitted. The doctor will need to to sign a letter on his stationery certifying good health. Sometimes a specific form must be completed by the physician. This must be notarized.
7. Police Reports. A statement from the police stating that there are no criminal records . Some states require fingerprints, some do not. These must be notarized.
8. Divorce Decree. 3 copies. From the Bureau of Vital Statistics.
9. Approval Notice from Immigration. The Immigration authorities must permit the adopted child to be brought into the country that you have adopted.

In India, in addition to the documents accompanying the request for adoption, the following are also, required:

1. Birth and Abandonment letter (this is a letter issued by the agency affirming that the child has been given up/ abandoned, and is free for adoption.

2. Passport and photographs of the child

3. Valid visa

4. Escort letter (in case the child is escorted by persons other than the adoptive parents.).
   Completion of the formalities in India involves the issuance of a no- objection, by CARA, authorizing the child to be placed in an inter-country adoption and, a birth certificate for the child by which the adoptive parents become the guardians of the child.

What are the Adoption Costs ?
In the case of In-country adoptions, effective 01.11.2003, the CARA Guidelines permit an Adoption agency to recover costs, as follows.

1. Maintenance charges shall not exceed Rs. 15,000/- at the rate of Rs.50/- per day from the date of admission till the child is placed in pre-placement foster care.

2. In case of special medical care, hospitalization charges subject to a maximum of Rs. 9000/- may be claimed on production of actual bills.

3. Legal fees and scrutiny fees to be charged on actuals.
    

For Inter- country adoption the following costs may be recovered by the agency from the foreign adoptive parents:

1. Cost of any surgical or medical treatment of the child against production of bills or vouchers duly certified.

2. The Indian Placement agency processing the application of a foreigner for being appointed Guardian of a child with a view to its eventual adoption, should be entitled to recover from the foreigner, cost incurred in preparing and filing the application and processing it in Court including legal expensesadministrative expenses, preparation of Child study report, preparation of medical and IQ Reports, passport and visa expenses and conveyence expensesand that such expenses may be fixed by athe Court at a figure not exceeding Rs 6000.Any increase in maximum recoverable expenses in this regard would be done only with the approval of the Supreme Court of India. In so far as the maintainence or medical expenses incurred by the recognised placement agencies running homes for children is concerned they are entitled to receive reimbursement of such maintainence or medical expenses from the foreigner taking the child in adoption at a figure not more than Rs 78 per day from the date of selection of the child by the adoptive parents until the child is taken by the adoptive parents after they are appointed as Guardians. This outer limit of recoverable expenses may be reviewed by the Ministry of Welfare, Government of India, once in 3 years depending on escalation of expenses including cost of living.

3. Cost of travel of the child from India to the receiving country and the cost of an escort, if the foreign recognised agency is unable to provide an escort.

4. In case of disruption or failure of adoption, the cost of repatriating the child ti India if no alternative placement for the child is effected in the foreigner's country by the recognised foreign agency with the concurrence of the Indian agency.

5. If it comes to CARA's notice that any recognised Indian agency charges more fees than the prescribed fees or tries to exploit financially the foreign enlisted agency, CARA may after giving an opportunity to such an agency to explain its point of view, suspend or revoke its recognition. Similarly if any foreign enlisted agency induces an Indian recognised by giving or offers more money than the prescribed fees for processing a case of Inter-country adoption of an Indian child, CARA may after giving an opportunity to such agency to explain its point of view, de-enlist the foreign agency.

Is there an order of preference in inter-country adoption ?
Yes. As per the applicable CARA Guidelines, the order of preference for adoption of Indian children is as follows:
Indian Family resident in India.
Indian Family residing abroad.
One parent of Indian origin; couple residing abroad.
Foreign nationals

Is a list of Indian & Foreign Agencies recognized by CARA available ?
The list of recognized Indian Adoption agencies is available on the CARA Web-site.
Likewise, a countrywise list of foreign agencies……

How long does the Adoption process take ?
A domestic adoption (Indian parents in India) takes about 3-4 months after the child is identified.
An inter-country adoption (Non- Resident Indians and foreign nationals) may take longer- upto about 6 months after the child is identified.

Which are the pre- registration documents ?
Domestic (not including NRIs)
2. An agency application form
3. Marriage Certificate/ affidavit
4. Medical Reports of both parents declaring general physical and mental fitness from a local physician.
5. Employment/ Income statement.
6. Bank Statement
7. Property Statement.
8. Character references from 2 persons known to the prospective parent(s).
9. Self Study Report.
10. Photographs (4 each of the prospective parent(s).
11. Consent letter from the wife (only in the case of adoptions under the Hindu….. Act, 19.. ) for the child to be adopted by the husband.
12. Undertaking that the Adoptive parents will participate in the follow-up process for monitoring the adaptability and progress of the child.

In case the prospective parent(s) have previously adopted a child, the following documents with regard to the child earlier adopted, must be provided in addition:
1. Integration report of the child (this is a report commenting on the adaption of the adopted child into the family and vice- versa. The report comments on matters such as health, generally followed daily- routine, motor development and physical activities, social adaptation, personality development and the views of the parents with regard to the adoption experience).
2. Copy of the Court Order
3. Medical Report commenting on physical and mental fitness from a local practitioner.
4. 4 photographs of the child.

What is a No- objection certificate ?
An inter- country adoption involves the issuance of a ‘No-Objection Certificate’ by CARA, authorizing the child to be placed in an inter-country adoption and is specific to the adoptive parent(s). The NOC involves the submission of a set of documents. Clearance time is generally 7-10 days. (at what stage does the issuance of the NOC arise?)
What kind of information can I expect to get from the Indian Agency about the adoptive child ?
The Indian Agency should be able to provide information about the child's birth, age, religion, circumstances under which s/he came into the agency, medical history and legal status.
 

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