What is the process for a foreign national to adopt a child from India?

What is the process for foreign nationals to adopt a child in India?

India is a country with a large population of children in need of care and protection. Many of these children are available for adoption by Indian as well as foreign nationals. Adoption is a legal process that creates a permanent parent-child relationship between the adoptive parents and the child, regardless of their biological ties. Adoption in India is regulated by the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Guidelines Governing Adoption of Children, 2015. These laws aim to ensure the welfare and best interests of the child, safeguarding their rights throughout the adoption process.

Foreign nationals who wish to adopt a child from India must fulfil certain eligibility criteria set by the Central Adoption Resource Authority (CARA) or the concerned adoption agency. These include the following:

·         The prospective adoptive parents must be in good physical, mental, emotional, and financial health, be free of any serious medical conditions, and not have been convicted of any crime or accused of violating a child’s right.

·   Anyone who wants to adopt a child, regardless of their marital status or whether they have biological children, may do so under the following conditions;

o    If a married couple is adopting the child, both spouses must agree to the adoption;

o    A child of any gender may be adopted by a single female;

o    An unmarried male is not eligible to adopt a girl child;

·         A couple must be married for at least two years before they can adopt a child, except for adoptions involving relatives or stepparents.

·         The minimum age difference between the prospective adoptive parents and the child must be 25 years. The maximum age limit for prospective adoptive parents is 55 years for single parents and 60 years for couples.

·         The prospective adoptive parents must have adequate financial resources to provide for the child’s education, health, and well-being.

·         The prospective adoptive parents must not have more than four children, including biological and adopted ones.

The details of the adoption process by foreign nationals under Indian law are discussed below:

Registration:

Foreign nationals interested in adopting a child from India must first register with a recognized adoption agency in their home country or with CARA. They must submit the required documents, such as identity proof, income proof, health certificate, marriage certificate (if applicable), home study report, etc. The home study report is prepared by a social worker who visits the prospective adoptive parent’s home and assesses their suitability and readiness for adoption. The registration fee for foreign nationals is USD 500.

Home Study:

After registration, the prospective adoptive parents undergo a home study and counselling by a social worker from their country’s adoption agency. The social worker evaluates their motivation, expectations, lifestyle, family background, parenting skills, etc., and prepares a report that is sent to CARA.

Referral and Acceptance:

Based on the home study report and the preferences of the prospective adoptive parents, CARA refers a child who matches their criteria and is legally free for adoption. The referral includes the child’s photograph, medical report, social history, etc. The prospective adoptive parents have 96 hours to accept or reject the referral. If they accept it, they have to sign an undertaking that they will not abandon or abuse the child or place him/her in an institution.

Travel to India:

After accepting the referral, the prospective adoptive parents have to travel to India to meet the child at the Specialised Adoption Agency (SAA) where he/she is staying. They have to spend at least one week with the child to bond with him/her and get familiar with his/her needs and personality. Adoptive Parents also have to obtain a No Objection Certificate (NOC) from their country’s embassy or consulate in India.

Court Proceedings:

The next step is to file a petition in court for obtaining an adoption order. The petition is filed by the Specialised Adoption Agency on behalf of the prospective adoptive parents. The court may ask for additional documents or evidence to verify the eligibility and suitability of the parties involved. The court may also interview the prospective adoptive parents and/or the child before granting the adoption order.

Issuance of Adoption Order:

Once the court issues an adoption order, it becomes final and irrevocable. The adoption order confers all rights and responsibilities of parenthood on the adoptive parents and terminates all legal ties between the child and his/her biological parents or guardians. The SAA issues a birth certificate for the child with his/her new name and parentage.

Visa and Post-Placement Reports:

The last step is to obtain an Indian passport and visa for the child to travel with his/her adoptive parents to their country. The adoptive parents are required to submit a copy of the adoption order, the NOC, and the child’s birth certificate to the passport office and the visa office. They also have to sign an undertaking that they will send post-placement reports on the child’s progress and well-being to CARA and the SAA for at least two years after the adoption. The post-placement reports are prepared by a social worker from their country’s adoption agency and include information on the child’s health, education, adjustment, etc.

Key Points to Note:

·         The entire adoption process may take anywhere from six months to two years, depending on various factors such as availability of children, legal formalities, etc.

·         The adoption fee for foreign nationals is USD 5,000, which includes the registration fee, the child care corpus fund, and the SAA fee. The prospective adoptive parents also have to bear the expenses of travel, accommodation, legal fees, etc.

·         The prospective adoptive parents must follow the laws and regulations of both India and their country regarding adoption. They must also respect the child’s culture, religion, and identity and provide him/her with a loving and nurturing environment.

Conclusion

Adoption is a noble and rewarding way of giving a new life to a child who needs a family. Foreign nationals who are keen to adopt a child from India must follow the prescribed process and criteria and ensure that they are doing so for the right reasons. Adoption is not a legal but also an emotional and ethical commitment that requires patience, understanding, and dedication. By adopting a child from India, foreign nationals can make a positive difference in the world and enrich their own lives as well.

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