Inter Country Relative Adoption


I) Registration of PAP’s

  1. Prospective Adoptive Parents (PAPs) residing in a foreign country may contact the nearest Authorised Foreign Adoption agency(AFAA) or Central Authority(CA) or Indian Mission for preparation of their Home Study Report and for online registration in Child Adoption Resource Information and Guidance System to adopt a child from India.


    II) Uploading of Documents of PAPs in CARINGS by AFAA/CA/IDM

    1. HSR and the required documents (as stated above in cases of inter-country Adoption[(1)-(15)])are uploaded online on CARINGS by Authorised Foreign Adoption Agency (AFAA)/Central Authority(CA)/Indian Mission abroad; The Authorised Foreign Adoption Agency or Central Authority or the department concerned or the Indian diplomatic mission (in cases of Indian citizens), as the case may be, on completion of the Home Study Report.
    2. Other documents to be uploaded after referral
      • Consent of the older child/children in the biological family (more than five years).
      • Consent of the older child to be adopted.
      • Permission of the receiving country as per Article 5 or 17 of the Hague.
      • Adoption Convention (applicable in case of Hague ratified country).
      • Relationship of the prospective adoptive parents to the relative child (family tree).
      • Recent family photographs of the child, adoptive parents and biological parents.
      • Consent of the biological family as provided in Schedule XIX.
      • Permission from the Child Welfare Committee to the legal guardian to surrender the child in adoption with the relative as provided in ScheduleXXII (if applicable).
      • Family background report by District Child Protection Unit as provided in Schedule XXI.


    III) Initial scrutiny of documents by CARA, verification by DCPU/SARA.

    1. On receipt of all requisite documents on CARINGS, CARA shall forward the same to DCPU for obtaining family background report of the child proposed for adoption.
    2. DCPU/SARA shall get the family background report conducted by its social worker and for this purpose; it can charge a fee as stipulated in the norms prescribed by the Authority from time to time.
    3. DCPU shall upload/forward a copy of the family background report of the child and the biological family to CARA.
    4. On receiving family background report of the relative’s child, the Authority shall forward the same to the receiving country as required under Articles 15 and 16 of the Hague Adoption Convention along with a pre-approval letter supporting the proposed adoption.
    5. On the requisite of docs, AFAA forwards a certificate under Article 5 or Article 17 of the Hague Adoption Convention to the Authority.
    6. NOTE: In case of countries which are not signatories to Hague Adoption Convention, in respect of Indian citizens, family background report of the relative’s child and prior approval letter from the Authority shall be forwarded to the Indian Mission of that country which will issue a recommendation letter to the Authority.


    IV) Legal Procedure

    1. The prospective adoptive parents shall file the adoption application in the in Family Court or District Court or City Civil Court, as the case may be of the district through their power of attorney, where the child resides with biological parents or guardians.
    2. The court order shall be obtained by the adoptive parent(s) and shall be uploaded through the DCPU/AFAA.
    3. Before issuing an adoption order, the court shall satisfy itself of the various conditions stipulated under section 61 of the Act, and regulations 51 to 56, as the case may be.
    4. The prospective adoptive parents shall obtain a certified copy of the adoption order from the court and furnish a copy of the same to the District Child Protection Unit for online submission to the Authority.


    V) NOC issued by CARA

    1. CARA shall issue No Objection Certificate (NOC) in favour of the adoption of the child within ten days from the date of receipt of adoption order forwarded by the District Child Protection Unit and a copy of the same shall be forwarded to the Authorised Foreign Adoption Agency or Central Authority concerned.
    2. Issue of Conformity Certificate- The Authority shall issue a Conformity Certificate under Article 23 of the Hague Adoption Convention in the format provided in Schedule X within three working days from the date of availability of the adoption order in the Child Adoption Resource Information and Guidance System, in case the receiving country of the adopted child is a Hague Adoption Convention signatory.


    VI) Birth Certificate, Passport, Exit Visa

    1. The adoptive parent(s) would obtain the Birth Certificate, Passport, Visa by applying to the agencies concerned.

    Note:

    • In case there is no Authorised Foreign Adoption Agency or Central Authority in their country of residence, then the prospective adoptive parents interested to adopt a relative’s child shall approach the Government Department concerned or Indian diplomatic mission (in cases of Indian citizens) in that country.
    • Any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the competent Court, shall be punishable as per the provisions of section 80 of the Act.

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