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Explained: Adoption procedure for NRIs, OCI cardholders, and foreign nationals

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Last Updated: Jun 17, 2024, 01:17:00 PM IST



Synopsis

Non-resident Indians (NRIs), Overseas Citizen of India (OCI) cardholders, and foreign nationals have equal priority in adopting orphaned children in India. A detailed guide outlines the eligibility, registration, document requirements, and post-adoption formalities for NRIs and foreign prospective adoptive parents.




Non-resident Indians (NRIs) and Overseas Citizen of India (OCI) cardholders enjoy the same priority as resident Indians when adopting orphaned, abandoned, or surrendered children in India. Foreign nationals and NRIs can adopt Indian children only after the children have been rejected for domestic adoption three times.


Here’s a step-by-step guide to the adoption process for NRIs, OCI cardholders, and foreign prospective adoptive parents.



Eligibility and Initial Steps

First, ensure you meet the legal criteria for adoption. The Central Adoption Resource Authority (CARA) regulates all adoptions in India, including inter-country adoptions. Once you confirm your eligibility, contact the authorized foreign adoption agency in your country. Countries that have ratified the Hague Adoption Convention will coordinate through this agency. If your country lacks such an agency, contact the Indian diplomatic mission in your country.


Registration and Home Study Report

Register with CARA through the Designated Portal. Your home will undergo a suitability inspection, and a Home Study Report (HSR) will be prepared. If you meet the eligibility criteria, CARA will match you with a child in India. The eligibility and suitability of the prospective adoptive parents will be verified before completing the HSR and registering their application.


The seniority of adoptive parents is determined from the date of their registration and submission of required documents. Two child profiles will be referred at a one-month interval, similar to the process for resident Indians. Adoptive parents must reserve the referred child within 96 hours; otherwise, the child's profile will be withdrawn.


Required Documents


  1. Correctly filled application form from CARA’s official webpage.

  2. "Suitable family environment" report by a social agency in your country.

  3. Health and medical fitness certificate.

  4. Proof of financial suitability.

  5. Marriage certificate for married couples.

  6. Formal willingness declaration from married couples.

  7. Undertakings from your sponsoring social agency for:

  8. Care and necessary support for the adoptive child in unforeseen circumstances.

  9. Legalization of the adoption within two years.

  10. Progress reports of the child every quarter for the first two years, provided to the Indian social agency.


Attestation and Legal Procedures

Once you gather all necessary documents, approach the Consular Wing of the Indian Embassy/High Commission/Consulate in your country for attestation. If your application meets the legal requirements, the embassy or consulate will submit it to an Indian Court of Law in the area where the child resides. The court will review the application and, if approved, grant an Adoption Deed.


Post-Adoption Formalities

NRIs must travel to India to complete the formalities and collect their child. After reserving the child, the prospective adoptive parents must sign and accept the Child Study Report and Medical Examination Report within 30 days. Failure to do so results in the withdrawal of the child's profile, and the parents' seniority is relegated to the bottom of the list. If desired, parents can visit the Specialised Adoption Agency to review the child's Medical Examination Report with a chosen medical practitioner.



Bringing Your Child Back

The Adoption Deed alone does not allow the child to emigrate. You must apply for Guardianship Rights under the Hindu Minority and Guardianship Act, 1956, followed by a passport for the child to facilitate visa formalities.



The Authority issues a Conformity Certificate under the Hague Adoption Convention within three days of the adoption order. The immigration authorities are informed, and the regional passport office issues the child's passport within ten days of application receipt.



The Specialised Adoption Agency obtains the child's birth certificate, reflecting the adoptive parents' names, within five days of receiving the adoption order. Adoptive parents must travel to India within two months of the adoption order to take their child home.



After obtaining guardianship rights and the adoption deed, approach the embassy or high commission of your country of residence to arrange for the child’s immigration. The adoption process includes:


  1. Issuing a No Objection Certificate (NOC) within ten days of receiving the acceptance of the child.

  2. Permitting pre-adoption foster care for a temporary period within India after the issuance of the NOC.

  3. Final custody granted once the passport and visa are issued post-adoption order.

  4. Issuance of a Conformity Certificate under Article 23 of the Hague Adoption Convention.


Post-Adoption Processes

For two years post-adoption, the Authorized Foreign Adoption Agency, Central Authority, or Indian diplomatic mission will report the child's progress quarterly in the first year and bi-annually in the second year. These reports, including photographs, are uploaded to the Designated Portal.


If adjustment issues arise, counseling will be provided, and if necessary, alternate arrangements will be made in consultation with the Indian diplomatic mission. The adoptive parents must allow home visits to ensure the child's well-being for at least two years after the child's arrival in the receiving country.



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