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Inter Country Guidelines

Inter Country Guideline
Procedure for Inter - country Adoption as per The Hague Convention on Inter -country Adoption:
The authorities and agencies involved in the process of Inter - country adoption are

  • Court of Competent Jurisdiction who can pass Order for Adoption
  • Central Adoption Resource Authority (CARA)
  • Central Authority in the receiving Country (CA)
  • Indian Diplomatic Missions Abroad
  • Foreign Diplomatic Missions in India
  • Authorized Foreign Adoption Agency (AFAA)
  • State Adoption Resource Agency (SARA) or Adoption Coordinating Agency (ACA)
  • Recognized Indian Placement Agency (RIPA)
  • Adoption Recommendation Committee (ARC)

Inter-country Adoption procedure is guided by the Hague Convention on Inter-country Adoption-1993 provided in Schedule IX.

Registration for NRI or OCI or PIO or Foreign PAP(s)
The PAP(s) desiring to adopt any child or children from India may register with the Authorized Foreign Adoption Agency (AFAA) or Central Authority (CA) or the Government Department dealing with adoption matters in the receiving country.

The PAP(s) with the assistance of AFAA or CA shall obtain the permission of the competent authority of their country for adopting a child from India.

Home Study and other requirements
A professional social worker of the AFAA or Central Authority or Government Department dealing with adoption matters in the country of the habitual residence (365 days or more) of the PAP(s), shall conduct their Home Study and shall prepare the HSR and the HSR shall contain all documents as specified in Schedule VI.

All documents forming part of the Home Study Report shall be notarized and the signature of the notary will be apostilled by competent authority of the receiving country.

English translations attested by competent authority, must accompany the original documents if they are in languages other than English.

The HSR of PAP(s) should indicate child preferences, if any, eg. the child’s age, sex, physical and medical condition, or location within India. The HSR is valid for two years.

The medical status is valid for 1 year and should not exceed one year old at the time of referral of the child.

Identification of RIPA by CARA
The AFAA or CA or concerned Government Department of the country receiving the child shall forward one attested or notarized copy of the HSR (not original) directly to CARA for identifying a suitable RIPA.

CARA shall have a Screening Committee headed by an official of CARA, and external experts who will examine the prima facie suitability of PAPs proposed for inter-country adoption. The Screening Committee will also identify the RIPA where the dossier will be forwarded. While identifying the RIPA to which the case is to be forwarded, the Committee shall keep in mind the preference of the PAP(s) for a particular State, availability of children and performance of the RIPA vis-à-vis in-country adoptions, etc.

The process mentioned in sub-paragraphs (2) and (3) shall be completed preferably within a period of fifteen days from the receipt of dossier.

The identified RIPA shall be informed by CARA and CARA shall also advise the concerned AFAA or CA or Government Department to send the original dossier to the identified RIPA.

The identification of RIPA by CARA shall in no way ensure referral of a child from India and it is not obligatory on CARA to ensure referral of a child.

The RIPA shall not entertain any application received directly from any AFAA or CA or PAPs from out of India, for adoption of an Indian child.

Referral and Acceptance
The RIPA shall be responsible for assigning, referral and placement of the child.

If the RIPA finds the PAP(s) unsuitable, it shall, within fifteen days of receipt of the original dossier, inform CARA about the same along with the reasons thereof.

CARA shall have the right to accept or reject the recommendation of the RIPA.

To the extent possible, the RIPA will match a child according to the request given by the PAP(s).

The RIPA will forward the referral constituting the Child Study Report and Medical Examination Report of the child to the AFAA or CA or concerned Government Department of the receiving country, as the case may be.

The AFAA or CA or concerned Government Department shall transmit the referral to the PAP for acceptance.

On acceptance of the child by the PAP(s), the AFAA or CA or concerned

Government Department of the receiving country will send back the original copy of the “referral for adoption” to RIPA, along with the following documents:

  • Notarized or attested copy of the CSR and MER duly signed by PAP(s)
  • Power of attorney of the PAP(s) in favor of the official or social worker of the RIPA for filing the case in the court
  • A certificate under Article 5 or agreement under Article 17 of the Hague Convention, as applicable, issued by the CA or competent authority of the receiving country

The process of inter-country adoption of a child shall be completed by the AFAA or CA within a period of forty-five days from the date of the referral.

Recommendation for Inter-country Adoption by Adoption Recommendation Committee
The State Government shall constitute a Committee to be known as the Adoption Recommendation Committee (ARC) to scrutinize and issue a Recommendation Certificate for placement of a child in inter-country adoption.

The Adoption Recommendation Committee shall consist of Director or Commissioner of the State Government dealing with children in need of care and protection or his representative, Programme Manager (Non-institutional care-SARA) and one external expert or psychologist who has no linkage with any adoption agency.

Till SARA is operational in a State, the Chairperson of ACA or his representative shall function as a member of the Committee (in place of Programme  Manager) along with the other members.

On receipt of the referral- acceptance by the PAPs, the RIPA shall forward two copies of the dossier which includes HSR of the PAPs and the CSR (including MER) duly signed by the PAPs to SARA or ACA along with a cheque or draft of Rs.2,500- drawn in favor of SARA or ACA, as the case may be, towards administrative expenses.

The amount received shall be utilized for meeting the expenses in connection with processing the dossiers, payment to external experts and for other adoption promotion activities.

The list of documents forming part of the dossier shall be as specified in Schedule-X.

A sample affidavit to be executed on stamp paper of sufficient value and to be filed by the RIPAs is at Schedule -XI.

The SARA would act as a secretariat to the committee constituted under subparagraph

The SARA shall receive the dossiers of cases for inter-country adoptions from the RIPA and put up the same before the ARC for issue of Recommendation Certificate.

Till SARA becomes operational in a State, the ACA would perform the functions of SARA in that State.

The SARA or ACA, as the case may be, shall ensure that the Recommendation Certificate is issued expeditiously within a period of 15 days from date of receipt of the dossier.

In case of a special needs child, the SARA or the ACA, as the case may be, should issue the Recommendation Certificate within a period of 5 days from the date of receipt of the dossier.

In case of medical special needs, the SARA or the ACA, as the case may be, may ask the RIPA to get a Certificate from a reputed medical institution or a Government Medical Officer.

In case of siblings and older children, the ARC shall ensure that there is no waiting Indian PAPs within the region for such child or children.

The Committee constituted for issue of Recommendation Certificate should satisfy itself about the suitability of the PAPs vis-a-vis the child proposed for adoption.

The Committee shall also verify the documents filed by the RIPA and ensure that procedures have been correctly followed by the RIPA.

In case, at any stage, SARA or ACA or ARC is not satisfied with the documents produced for obtaining recommendation certificate, it shall conduct appropriate investigation before disposing off the matter.

The Recommendation Certificate (RC) issued by the Committee shall contain a positive recommendation if it is satisfied that the Committee has no objection to the child being placed with the proposed PAPs in inter-country adoption as per format in Schedule -XII.

Issue of No Objection Certificate (NOC) by CARA

Upon issue of Recommendation Certificate by the Adoption Recommendation Committee, the SARA shall retain one copy of the dossier and send the second set of dossier along with recommendation certificate to CARA.

Till SARA becomes operational in a State, the ACA shall perform its functions under this paragraph.

The ACA or SARA shall send a copy of the Recommendation Certificate to the concerned RIPA.

CARA shall constitute a ‘No Objection Certificate (NOC) Committee’, which shall include CARA officials and external experts in the field of child development or psychology or social work or from the medical field and the committee shall be responsible for issuing ‘No Objection Certificate’ in each case of inter-country adoption.

The NOC Committee constituted by CARA shall examine-

  • The relevant documents submitted by the RIPA and verify that due procedures as laid down in these Guidelines have been followed.
  • Whether matching and placement of the child with PAPs is in the best interest of the child.

After approval of the proposal by the NOC Committee, the NOC shall be issued in each case.

CARA reserves the right to reject any case for inters country adoption which is not found suitable by the NOC Committee by recording reasons for the same.

The process for issue of NOC would be completed within a period of fifteen days from the date of receipt of completed dossier in CARA.

NOC shall be issued in accordance with Article 17 of the Hague Convention.

A copy of the NOC issued by CARA shall be mailed to RIPA and a copy thereof to SARA or ACA, AFAA or CA or concerned Government Department of the receiving country, as the case may be.

Pre-adoption Foster Care
A child can be given in physical custody by the RIPA to the PAP(s) in pre-adoption foster care only after issue of NOC by the CARA.

The adoption agency in India shall inform the PAPs that such foster care shall have to continue till the final adoption order is issued.

The child in foster care, shall under no circumstances, be returned to the adoption agency by the PAPs for temporary care unless there is a disruption and the PAPs do not wish to go ahead with the adoption.

The Indian adoption agency before physically entrusting the child to PAPs shall inform them that the adoption process may take more than the stipulated period, so as to enable the PAPs to take an informed decision regarding taking the child in foster care.

The PAPs shall not be allowed to take the child out of the city without the written permission of the concerned Indian adoption agency.

The PAPs shall be required to produce a certificate from either the mission in India of the country of the nationality or the central authority of the receiving country permitting them to take the child in foster care.

The PAP(s) shall also be required to sign a foster care affidavit stating that they would not leave the country without valid court order.

Filing of the Petition in the Competent Court
Within five days of receipt of NOC from CARA, RIPA shall proceed to obtain a Court Order for inter-country adoption of the child from the competent court in India.

RIPA shall not file an application in the competent court for inter-country adoption without “NOC” from CARA.

Inter-country adoption of orphan, abandoned and surrendered children shall proceed under the Act.

Note:

  • In accordance with the directions of the Honorable Supreme Court of India in L.K.Pandey vs. Union of India (WP No 1171 of 1982), the competent courts are to dispose off the case within a maximum period of two months from the date of filing.
  • As each case for inter-country adoption is required to be processed by Child Welfare Committee and State Government through the ARC and CARA, the competent court may, to the extent possible, dispose of the case in the first hearing itself in the best interest of the child.
  • The RIPA shall forward a copy of the court order and the adoption deed to CARA, SARA or ACA and AFAA or CA, as the case may be.

On receipt of the Court Order, the CARA shall issue a Conformity Certificate (CC) under Article 23 as per provisions of the Hague Convention as per Schedule-XIII.

Passport and Visa
No orphan, abandoned, surrendered child who has been adopted shall be allowed to leave India without a valid NOC from CARA.

The RIPA shall apply for passport for the adopted child after the court order is received and the application shall include documents mentioned in Paragraph 83(3) of these Guidelines.

The date of birth of the child as mentioned in the court order would be taken as the date of birth.

The concerned authorities may expeditiously issue the passport and visa to enable the adopted child to leave India with his or her adoptive parents to their habitual place of residence.

Child to travel with adoptive parents
The adoptive parent or parents shall have to come to India and accompany the child to their country.

Progress Reports
The AFAA or CA or concerned Government Department of the country, as the case may be, receiving the child shall keep CARA and concerned RIPA informed about the progress of placement as per format provided in Schedule-XIV through quarterly post-placement reports during the first year and half yearly reports during the second year of the child’s arrival in the receiving country and such follow-up shall continue upto a period of two years after the child acquires citizenship of the receiving country.

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

Special Category of PAPs for Inter-country Adoption
Inter-country adoption by Indian nationals in countries where there is no AFAA or CA shall be followed as under:-

  • In the case of Indian nationals residing in a country where there is no AFAA or CA to sponsor applications, CARA may allow an organization or individual recommended by the concerned Indian Mission to do the Home Study Report (HSR) and prepare adoption dossier which would then be forwarded to CARA through the Indian Embassy or High Commission.
  • An official of the concerned Indian Mission may also prepare the HSR and adoption dossier of the PAP(s).
  • The organization or individual recommended by the concerned Indian Mission shall also be required to give an undertaking to CARA to send progress reports for a period of two years following legal adoption and also take action, as stipulated in these Guidelines, in case of disruption of adoption or repatriation of adopted child.

Adoption by foreign nationals living in India –

  • In case of foreign nationals who are citizens of a country that has ratified The Hague Convention and they have been living in India for one year or more, the PAP(s) shall approach CARA along with a certificate of No-objection to the proposed adoption from the embassy or mission of the country of their nationality.
  • On receipt of the No Objection Certificate, CARA shall refer the case to a RIPA for carrying out the Home Study and preparation of PAP(s)’ dossier.
  • The procedures stipulated under these Guidelines for inter-country adoption shall be followed by the RIPA.
  • In cases referred to in sub-paragraph (1), the Embassy or Missions in India of the country of the nationality of the PAPs shall give an undertaking for post-adoption follow-up as stipulated in Chapter IV of these Guidelines.
  • In case, the PAPs continue to reside in India during the stipulated post-adoption follow-up period, the concerned RIPA would undertake such follow-ups and report to the concerned embassy or mission and CARA.
  • The concerned embassy or mission shall also ensure that the adopted child acquires citizenship of the country of his or her parents immediately after adoption decree and a copy of the citizenship order shall be forwarded to CARA and the concerned RIPA.

Adoption by OCI living in India -

  • The OCI (s), who are citizens of a country that has ratified the Hague Convention and they have returned to India and have been residing in India for more than one year, shall be eligible to adopt a child following procedure of Inter-country adoption under these Guidelines.
  • The PAP(s) shall approach CARA along with a certificate of No-objection to the proposed adoption from the embassy or mission of the country of their nationality.
  • On receipt of the certificate of No Objection, CARA shall refer the case to a RIPA for carrying out the Home Study and preparation of PAP(s)’ dossier.
  • The procedures stipulated under these Guidelines for inter-country adoption shall be followed by the RIPA.
  • In such cases, the Embassy or Missions in India of the country of the nationality of the OCI shall give an undertaking for post-adoption follow-up as stipulated in Chapter IV of these Guidelines.
  • In case, the OCI continues to reside in India during the stipulated post-adoption follow-up period, the concerned RIPA would undertake such follow-ups and report to the embassy or mission and CARA.

Adoption by repatriated Indian Nationals - Adoptions by repatriated Indian nationals holding Indian passport who have returned to India and have been residing in India for more than one year, will be processed as an in-country adoption.

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