GUIDELINES

FOR

FAMILY Adoption

of Indians staying abroad

CENTRAL ADOPTION RESOURCE AGENCY

West Block – VIII, Wing – II,

2nd Floor, R. K. Puram, New Delhi.

Tel No. 26105346, 26103378; Fax No. 26180198

Email: cara@bol.net.in

Website: www.adoptionindia.nic.in 

 

 

 

 
GUIDELINES FOR FAMILY ADOPTIONS OF
INDIANS STAYING ABROAD

 

 

There’s more than one way to build a family  and adopting a child into your home and your hearts is one of the most wonderful blessing.

 

The family is the primary setting for children’s development, and the importance of the early years of development for a person’s adult life is increasingly recognized.  By virtue of ratification of the Convention on Rights of the child, Govt. of India has recognized the child’s right to a family especially within its own family members and familial-cultural milieu.  With Hague Convention on Inter-country Adoption coming into force in India w.e.f. 1.10.2003, it has been obligatory for Central Adoption Resource Agency to come out with Guidelines on Family Adoptions so that children in crisis family situations are not deprived of a caring family.  This guideline will be applicable for PIOs and NRIs who are habitually residing abroad have intention to adopt their relative’s child from India.

 

Since family adoption has to deal with families of both sides, it is mandatory for both the sides to understand the procedural requirements before initiating such proposal.  The purpose is to enable a child to get a loving and caring family within his/her clan group when such placement is considered as best alternative in the given situation.  Family adoption will be allowed in exceptional situations where the child to be adopted has a special situation as a result of parent/s death or adoption is thought up for certain situation benefiting families of both side without compromising child’s best interest.

 

1        Eligibility for PAP

 

1.1            For the purpose of qualifying adoption of a relative’s child, the prospective adoptive parent should be Indian born in India and staying abroad either with Indian or Foreign citizenship.  For such family adoption, the relation should be limited to first degree of relationship from both adoptive parents and biological parent’s family tree.

 

1.2            Requirements of age criteria and Home Study Report shall be as per In-country Guidelines issued by Central Adoption Resource Agency, Govt. of India.

 

1.3            In case of eventuality or extraordinary circumstances, a second adoption from India may be considered only when the legal adoption of the first child is completed.

 

  

1.4            In case of Non-Hague counties, the legal measures for finalization of adoption should be as per the concerned country’s laws 

 

2       Criteria for eligible Children:

 

2.1            A child may as far as possible be placed in adoption when he/she is infant and young and has not reached the age of 6.

 

2.2            In exceptional cases, an older child above 6 years of age can be considered for adoption and in such case his/her consent shall be obtained.

 

2.3            The best interest of the child will decide any placement decision.

 

3       Requirements

 

3.1            Home Study report of the foreign prospective adoptive parents, certificate of eligibility and suitability to adopt from the concerned central authority/accredited agency (as per Art 15 of the Hague Convention) and other documents as prescribed by CARA which will be prepared by the professional social worker of the accredited agency or central authority.

 

3.2            Approval from the appropriate authority stating that the adopted child shall have all the inherent rights of the biological child and as that of a citizen of that country.

 

3.3            Undertaking of the sponsoring agency to continuously monitor and maintain a database of all such children placed in family adoption and intimate CARA in case of any disruption.

 

3.4            An appropriate court order from the competent court in favour of the proposed adoption from the country of origin.

 

3.5            Information about the proposed child to be adopted and the biological parents have to be prepared by the biological parents themselves in the given format.

 

3.6            Recent photographs of the adoptee, biological parents and the adoptive parents.   

 

 

4       Procedure

 

4.1            The Foreign Prospective Indian Adoptive Parents (FPAP) after making an informed decision to adopt a child from their relative residing in India have to move an application to central authority dealing with adoption matters/concerned department/accredited agency for completing Home Study Report (HSR).   HSR will be prepared as per Incountry Guidelines 2004 (Please see www.adoptionindia.nic.in).  The FPAP has to furnish other documents about the child and the biological family as prescribed.

 

4.2            The above authority/agency has to forward the HSR alongwith all requisitie documents as provided under the Guidelines to Central Adoption Resource Agency (CARA).

 

4.3            CARA on receiving those documents will assess the eligibility and further take up the matter with concerned State Government or authorized agency for verification of the documents following which it will issue NOC in the proposed case.

 

5       Safeguards

 

5.1            All the rights and safeguards of children as stipulated as per Hague Convention on Intercountry Adoption 1993.

 

5.2            Family adoptions will be permitted only in case of exceptional circumstances that justify a child’s placement with his relatives for his/her best interest.

 

 

 

 

Family / Relative Adoption from India

A checklist of required documents/information

 

       (i)                Home Study Report (HSR) of the prospective adoptive parents, incorporating the particulars mentioned under art.15 of the Hague Convention (to be provided by the concerned Central Authority/Accredited Body in the country of his/her habitual residence.) 

(ii)                A Certificate from appropriate authority stating that the adopted child shall have all the inherent rights of the biological child and as that of a citizen of that country. 

(iii)               Undertaking of the sponsoring agency to continuously monitor and maintain a database of all family adoption cases and intimate CARA in case of any disruption. 

(iv)              A recent family photograph each of the child, adoptive parents and biological parents;       

(v)                An appropriate order from a competent court in favour of the adoption under relevant Acts/Laws of India.  

(vi)              Copy of passports of Adoptive Parents in order to ascertain the Nationality of Adoptive Parents. 

(vii)             Checklist of Information required from the adoptive parents, of the Child, Adoptive parents and Biological parents 

(a)                Particulars of the Prospective Adoptive parents in the

format enclosed in Annexure -I 

(b)               Particulars of the child proposed to be adopted in the

format enclosed in Annexure –II 

(c)                Particulars of the Biological Parents in the format enclosed

in Annexure-III 

(viii)           A child study report (CSR) to be provided by the concerned

State Government in the format enclosed in Annexure-IV along

with certification that the facts stated at Annexure II, III are correct.

                 

 

  Annexure-I

 

 

A.        Particulars of the Prospective Adoptive Parents (PAPs)

 

SL.NO.

 

Particulars

Prospective Adoptive Father

Prospective Adoptive Mother

1

 

Name

 

 

2

Date of Birth (Proof Required)

 

 

 

3

 

Place of Birth (Proof Required)

 

 

4

Nationality (Copy of passport required)

 

 

 

5

Religion/community

 

 

 

6

Roots/moorings in India (Proof Required)

  

 

 

7

Permanent residential address 

 

 

 

 

8

Present/habitual residential address  

 

 

9

Education 

 

 

 

10

 

Occupation

 

 

 

11

 

Employment particulars (To be enclosed)

 

 

 

12

Annual Income

(To be enclosed) 

 

 

 

13

 

 

Date of marriage

 

 

14

Relation with the Biological parents of the child

 

 

 

15

Particulars of biological children (if any) name, sex & age

  

 

16

Whether the PAPs are eligible to adopt the proposed child as per the Law of the Country of their habitual residence?

  

 

 

 

 

17

Whether the PAPs are entitled (as per their nationality/residence/ immigration status) to take the child to the Receiving Country

 

 

 

18

Name of the person, his/her designation and his agency/organization, who has completed the HSR

 

 

19

Date of completion of HSR

 

 

 

                                                                                                                                                        

                                                                                                                       Annexure-II

      

                                      B.  Particulars of the child proposed to be adopted

 

SL.NO.

Particulars

Response

 

1

Biological family name

 

 

2

Sex

 

 

3

Date of Birth

 

 

4

Place of Birth

 

 

5

Name & address of the biological parents/legal guardian

 

 

6

Details about other siblings (Name, sex, Date of Birth)

 

1.

2.

3.

7

Order of birth in the family

 

 

8

The present custodian of the child

and his/her present address

 

 

9

Language spoken (if applicable)

 

 

10

Medical/health history (recent medical report to be enclosed

 

 

 

 

11

Disability/special needs (if any)

 

 

 

12

Views of the child if he/she is able to express any feeling/opinion regarding his/her adoption (copy to be enclosed)

 

 

13

Relation with the prospective

adoptive parents before adoption

 

 

 

 

 

                                                                                                                      Annexure III

                                                                  C. Particulars of Biological Parents

 

SL.NO.

Particulars

 

Biological Father

Biological Mother

1.

Name

 

 

 

2.

Date of Birth

 

 

 

3.

Occupation & Employment Particulars (if any) 

 

 

4.

Annual Income 

 

 

 

5.

Permanent Address 

 

 

 

6.

Present Address 

 

 

 

 

 

7.

Reason for relinquishing the child

 

 

 

 

 

 

 

8

Relation with the Prospective Adoptive Parents

 

 

 

 

 

 

 

9

Observations of the authorized individual verifying the documents

 

 

Note:  

 

                                                                                                                                                                                                                                                                                                                                                                                            Annexure IV

 

D. Facts about the child to be verified by the Competent Authority

 

SL.NO.

Particulars

Response in the instant case

 

1

Biological family name

 

 

 

2

Sex

 

 

3

Date of Birth

 

 

4

Place of Birth

 

 

5

Colour of eyes

 

 

6

Colour of hair

 

 

7

Complexion

 

 

8

Weight

 

 

9

Height

 

 

10

The present custodian of the child

and his/her present address

   

 

11

Overall Physical/Mental development

  

 

12

Language development

  

 

13

Medical/health history (recent medical report to be verified)

 

 

14

Disability/special needs (if any)

  

 

15

Views of the child if he/she is able to express any feeling/opinion regarding his/her adoption.

  

 

16

Whether court order and relevant documents supporting adoption are available. (If yes, please certify and enclosed a copy of each document.)

 

 

17

Certified that the facts stated at ‘B’, ‘C’ & ‘D’ are correct.

 

 

18

Name & signature of the person, his/her designation and his agency/organization who has completed this report.

 

 

 

 

 

19

Date of this Child Study Report