“Adoption is not about finding children for families, it’s about finding families for children” – Joyce Maguire Pavao
Adoption is a beautiful means to enhance the lives of children and parents alike. It is a way to secure the right of every child to a caring family environment and to ensure a permanent family for every child. It enables a parent-child relationship to be established between persons not biologically related. It is defined as a process by which people take children, not born to them and raise them as members of their family.
Our endeavour is to promote adoption among more and more families and spread the information among the people about –
- Laws and procedures formulated for adoption
- The agencies involved in adoption
Inter country adoption may be a more viable choice than domestic adoption for many families, especially those who want to adopt a healthy infant. However, the process can be complex and expensive. We, at NRI Legal Services, aim at giving information on various aspects of –
- Inter country adoption in India.
- The role of CARA (Central Adoption Resources Agency) and other agencies involved therein.
- Assistance to applicants especially those from a different culture to adopt a child.
- The high quality of legal advice that we give to clients to be ensure that a person or couple can provide a safe and nurturing environment for a new child.
- The assistance and expertise that we provide for a thorough study, to identify your specific circumstances your suitability as adoptive parents.
PROCEDURE FOR THE ADOPTION OF AN INDIAN CHILD BY A FOREIGNER OR NRI
- Obtain all relevant documentation to support your application for adoption.
- Request a social or child welfare agency recognized by the government of the country of which you are a citizen or permanent resident to sponsor your application.
- Forward it to a recognized social or child welfare agency in India.
- To ensure that all certificates, declarations and documents accompanying the application are attested by the Consular Wing of the Indian Embassy/High Commission/Commission/Consulate in your country of residence.
- Once the Indian agency is satisfied that all legal requirements have been met, it will on your behalf, file a petition in a competent court of law in whose jurisdiction the child in question resides.
- This court will examine the petition on the merits of the case and grant legal guardianship to the applicant, as also permission for the child to emigrate, so that you can take the child out of India to the country of adoption.
- Once you have been certified as the legal guardian by the competent court, you need to apply for a passport for the child so that you can take him/her out of India as your legal ward pending completion of adoption formalities in your country.
DOCUMENTATION REQUIRED FOR ADOPTION OF AN INDIAN CHILD
- Application form, duly filled in (the forms can be obtained from any child welfare agency in India).
- A report prepared by a professional social worker/agency confirming that you and your spouse will be able to provide a suitable environment for the child.
- Recent photographs of you and your spouse.
- Marriage certificate
- Declaration regarding the health and medical fitness condition of you and your spouse duly certified by a medical doctor.
- Certificate of your financial status/suitability along with supporting documents, specifically income tax returns, bank references, particulars of properties owned by you, and certificate of employment, where applicable.
- A formal declaration from both of you certifying your willingness to be appointed legal guardians of the child in question.
An undertaking from the social or child welfare enlisted agency sponsoring your application to the effect that the child would be legally adopted by you and your spouse, according to the laws of your country, within two years.(Please note that once the adoption is effected, your sponsoring social or child welfare agency should send three certified copies of the adoption order to the social or child welfare agency in India through which the application for guardianship is processed – one copy for the agency, one for the Court which passed the order and one copy to be filed with the Central Adoption Resources Agency (CARA), Ministry of Welfare, Government of India).
- A formal undertaking that you will provide the adopted child with necessary education and an upbringing in accordance with your status.
Certificate from your sponsoring social/child welfare agency to the effect that you and your spouse are permitted to adopt a child according to the laws of your country of residence.
- An undertaking from the social or child welfare enlisted agency sponsoring your application to the effect that the child would be legally adopted by you and your spouse, according to the laws of your country, within two years.(Please note that once the adoption is effected, your sponsoring social or child welfare agency should send three certified copies of the adoption order to the social or child welfare agency in India through which the application for guardianship is processed – one copy for the agency, one for the Court which passed the order and one copy to be filed with CARA, Ministry of Welfare, Government of India).
- An undertaking from your sponsoring social/child welfare agency that it will reimburse, to the concerned Indian social or child welfare agency, all expenses as fixed by competent court towards maintenance of the child and processing charges.
- An undertaking from your sponsoring social/child welfare agency that reports on the progress of the child along with recent photographs would be sent quarterly during the first two years and half yearly for the next three years in the prescribed proforma which can be obtained from the Indian agency handling your case.
Any other documentation that you feel will help satisfy the competent court to ascertain the following:-
- That as legal guardian, you will be accountable to the concerned court in India for the welfare of the child.
- That the adopted child will be treated at par with a natural born child with regard to legal status and inheritance rights.
- That if adoption fails, an alternative adoption placement will be arranged by the foreign social or child welfare agency which sponsored your application.
- That migration facility will be allowed to the child, and that the child will be repatriated to India, if so required by an Indian court.
- That the child will also be granted the citizenship of your country on adoption (this applies if you are not an Indian citizen resident abroad).
- That your Power of Attorney is given in favour of the social or child welfare agency in India which is to process the case, so that he can handle the case on your behalf, in case you are not in a position to come to India.
- That there will be a financial guarantee from the Indian Social or Child welfare agency concerned, ensuring that if the child becomes destitute or the guardianship is terminated, the legal guardian, or the guarantor, will meet all expenses relating to the proper maintenance of the child abroad and his/her return to India. (This is required when applying for a passport for the child, after the court has declared you his or her legal guardian).
For any further details and inquiry on this subject kindly log on to: www.cara.nic.in
Any other documentation that you feel will help satisfy the competent court with regard to the following:-