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In Country Guidelines

In Country Guidelines

Registration
Prospective Adoptive parents desiring to adopt a child must register with only one Specialized Adoption Agency, preferably nearest to place of residence. PAPs may also, register on-line through the CARA website www.adoptionindia.nic.in.

PAP(s) who wish to register with any other agency within the same state must approach the ACA or SARA with their registration slip.

If PAP(s) desire to adopt a child from any State other than the State where they are currently residing, they may approach the ACA or SARA of the State of their residence with their registration slip. The ACA/SARA in turn will transfer the registration to the ACA/SARA of the desired state

The PAP must submit the documents and follow the registration process as per Schedule IV along with the requisite registration fee and issue a registration slip.

Home Study
SAA shall conduct the Home Study of the PAP(s) within a maximum period of two months from the date of acceptance of registration. Only a professional Social Worker authorized by the SAA nearest to their current place of residence can conduct the Home Study. The Home Study Report of PAP(s) shall be valid for adoptions from anywhere in the country for a period of two years.

Referral
The HS Report, the Medical Examination Report of the PAP(s) (not more than one year old at the time of the referral), documents will be assessed by an ‘Adoption Committee’ set up by the SAA, consisting its Secretary or Managing Trustee, a senior professional social worker, Visiting Medical Officer and one other functionary of the Agency for assignment of the child. This will be done only after the child has been declared legally free for adoption by the Child Welfare Committee.

The PAP(s) will be invited to physically see the child before they convey their acceptance. The child can be seen only at the premises of the SAA. The PAP(s) may, if they so desire, get the child medically examined by their own medical practitioner.

The Child Study Report and Medical Examination Report of the matched child (or children in case of siblings) shall be forwarded by the Specialized Adoption Agency to the PAP(s) for acceptance and this may be called a “referral”.

The PAP(s) shall give their formal acceptance for the adoption by signing on the Child Study Report and Medical Examination Report of the child within a period of ten days.

In case the referred child is not acceptable to the PAP(s), a maximum of two other children shall be proposed to them at a given time. In case a matching does not take place, the PAPs shall be eligible for reconsideration only after a lapse of three months from the date on which the last child was shown to them.

In case of placement of children of the age of seven years and above, written consent of the child for the proposed placement shall be obtained and in case the child cannot read and write, verbal consent can be taken in the presence of the ‘Adoption Committee’ who shall record the same and take the signature or thumb impression of the child on the recorded statement. The date on which the consent of the child is obtained shall be clearly indicated in the Statement.

Pre-adoption foster care
A child can be placed in pre-adoption foster care after acceptance of referral by the PAPs.
The PAPs shall be required to sign a foster care affidavit and undertaking before the child is placed in their temporary custody.

During the period of foster care, the PAPs shall have the right to take the child to any place within the country after duly informing the

Specialized Adoption Agency subject to the condition that the child must be brought for the legal process as and when required by the Court.

Legal Procedure

  • The child can be legally placed for adoption with the PAP(s) by the competent court and for this purpose, the court having jurisdiction over the area where the Specialized Adoption Agency is located shall be the competent court.
  • The Specialized Adoption Agency shall file a petition in the Competent Court of jurisdiction for obtaining the necessary adoption orders under the Act within ten days of acceptance of referral by PAPs and shall pursue the same regularly with the court so that the process of legal adoption is completed at the earliest.
  • The adoption petition shall contain all requisite documents as per Schedule-VII.
  • The competent Court is required to dispose off the case within a maximum period of two months from the date of filing.
  • In the best interest of the child, the competent court may, to the extent possible, dispose of the case in the first hearing itself.
  • The Specialized Adoption Agency shall forward a copy of the court order and the adoption deed to the concerned SARA or ACA and the PAP(s).

Follow up visits and post-adoption services

  • The Specialized Adoption Agency shall carry out half yearly follow-up visits of the child from the time the child has been placed in pre-adoption foster care till a period of two years after the legal adoption.
  • The copies of the follow-up reports of the children shall be submitted by the Specialized Adoption Agency to SARA or ACA..
  • In cases of disruption of adoption, the Specialized Adoption Agency shall make efforts for alternate rehabilitation of the child.

Timelines
All agencies and authorities involved in the adoption process shall adhere to the time limits stipulated for in-country adoption as provided in Schedule-VIII.

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