Adopting a child in India is a lengthy legal process. A child can be adopted within or Outside India. There are different legal formalities regarding adoption of a child within India or from outside India. The laws are made stringent to deter child abuse and misuse of adoption laws. A detailed study of the adoptive parents is done to ensure the safe future of the child. Here are the basic formalities for adopting a child in India. Adoption in India can be either in-country or inter-country. The requirement for each varies accordingly. In this articleSpecific Requirements of In-country Adoption Inter Country Adoption Given Below are the Specific Requirements of In-country Adoption Individuals or couples who are interested to adopt in India are required to first register themselves with the adoption coordinating agency or the state adoption cell. This is the very first job that they are required to do. A social worker of the respective agency would be then entrusted with the duty to make a detailed home study report of the prospective parents who have registered. When this home study report is underway, counseling sessions are conducted with the would-be adoptive parents in order to clear off all the fears or apprehensions that they might have in their minds regarding the process of adoption. The most important point of this exercise is to assess the condition and status of the adoptive parents so that there does not remain any doubt regarding their eligibility to adopt a human life. It is important to determine and be convinced that the adoptive parents would be caring and committed to the welfare of a child who is not biologically related to them. All the details in this regard are mentioned in the report that is prepared under the knowledge of the concerned official. After this, the respective agency will recommend children who are suitable to the conditions of the couple and who are eligible to be legally adopted. If no such child is available, the couple is referred back to the ACA or the adoption coordinating agency. Once the home study is accepted and approved, the child is allowed to meet the prospective parents. If the child is above six years of age, his consent is sought. After the matching is complete, a petition is filed in the court so that the adoption decree can be issued under the relevant act. After this a series of counseling sessions are carried out in order to help the child and the parents adjust to each others company. Inter Country Adoption First the applicant is required to register with the Enlisted Foreign Adoption Agency (EFAA) or the central authority in their respective country that would actually be responsible for the preparation of the home study report. They should produce documents of authentic permission to adopt a child from India. All the relevant documents in this regard must be attested by the Indian High Commission. If the documents are not in English, the translated copies must also be attested along with the originals and must be forwarded by the EFAA. The responsibility is now with the RIPA or the recognized Indian placement agency to match a child who is legally not barred from an inter-country adoption. It should also closely match the requirements of the applicant. If such a match cannot be found within three months, the reasons for the same, needs to be given to EFAA. The adoption coordinating agency or the ACA now gives a clearance on the following grounds: The RIPA must intimate the ACA before taking any action and apply for assistance. If the ACA fails to provide a suitable match within a month’s time it issues a clearance certificate for adoption. There are additional rules for children above six years, twins and siblings or children with special needs. If an NRI parent holds an Indian passport, s/he will be exempted from ACA clearance. After the matching is complete, the RIPA issues a no-objection certificate. Finally, a petition is filed in the court and it has to give its verdict within tow months. The RIPA then applies for the child’s passport which is issued within ten days by the regional passport officer. The high commission/embassy of the respective country issues the Visa, and the child is ready to travel. How can one adopt a child from outside India? What formalities are to be completed in inter country adoption? What are the requirements for adopting a child from within India? Discuss here.
Adopting a child in India is a lengthy legal process. A child can be adopted within or Outside India. There are different legal formalities regarding adoption of a child within India or from outside India. The laws are made stringent to deter child abuse and misuse of adoption laws. A detailed study of the adoptive parents is done to ensure the safe future of the child. Here are the basic formalities for adopting a child in India. Adoption in India can be either in-country or inter-country. The requirement for each varies accordingly.
Given Below are the Specific Requirements of In-country Adoption
Individuals or couples who are interested to adopt in India are required to first register themselves with the adoption coordinating agency or the state adoption cell. This is the very first job that they are required to do.
A social worker of the respective agency would be then entrusted with the duty to make a detailed home study report of the prospective parents who have registered. When this home study report is underway, counseling sessions are conducted with the would-be adoptive parents in order to clear off all the fears or apprehensions that they might have in their minds regarding the process of adoption.
The most important point of this exercise is to assess the condition and status of the adoptive parents so that there does not remain any doubt regarding their eligibility to adopt a human life. It is important to determine and be convinced that the adoptive parents would be caring and committed to the welfare of a child who is not biologically related to them. All the details in this regard are mentioned in the report that is prepared under the knowledge of the concerned official.
After this, the respective agency will recommend children who are suitable to the conditions of the couple and who are eligible to be legally adopted. If no such child is available, the couple is referred back to the ACA or the adoption coordinating agency.
Once the home study is accepted and approved, the child is allowed to meet the prospective parents. If the child is above six years of age, his consent is sought.
After the matching is complete, a petition is filed in the court so that the adoption decree can be issued under the relevant act. After this a series of counseling sessions are carried out in order to help the child and the parents adjust to each others company.
Inter Country Adoption
First the applicant is required to register with the Enlisted Foreign Adoption Agency (EFAA) or the central authority in their respective country that would actually be responsible for the preparation of the home study report. They should produce documents of authentic permission to adopt a child from India. All the relevant documents in this regard must be attested by the Indian High Commission. If the documents are not in English, the translated copies must also be attested along with the originals and must be forwarded by the EFAA.
The responsibility is now with the RIPA or the recognized Indian placement agency to match a child who is legally not barred from an inter-country adoption. It should also closely match the requirements of the applicant. If such a match cannot be found within three months, the reasons for the same, needs to be given to EFAA.
The adoption coordinating agency or the ACA now gives a clearance on the following grounds:
The RIPA must intimate the ACA before taking any action and apply for assistance. If the ACA fails to provide a suitable match within a month’s time it issues a clearance certificate for adoption. There are additional rules for children above six years, twins and siblings or children with special needs. If an NRI parent holds an Indian passport, s/he will be exempted from ACA clearance. After the matching is complete, the RIPA issues a no-objection certificate.
Finally, a petition is filed in the court and it has to give its verdict within tow months. The RIPA then applies for the child’s passport which is issued within ten days by the regional passport officer. The high commission/embassy of the respective country issues the Visa, and the child is ready to travel.
How can one adopt a child from outside India? What formalities are to be completed in inter country adoption? What are the requirements for adopting a child from within India? Discuss here.
