Subrata Biswas
Adoption is a beautiful means to enhance the lives of children and parents alike. It is a way to secure a right of every child to a caring family environment. Pravasi Today’s legal expert examines its legal aspects
Adoption 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 raises them as a member of their family.
Our endeavour therefore, is to promote adoption and spread the information among the people about various laws and procedures formulated for it.
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 aim at giving information on various aspects of inter-country adoption in India, role of CARA and other agencies. We aim to provide the highest quality of legal advice to be sure that a person or couple can provide a safe and nurturing environment for a new child.
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.
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 husband and wife will be able to provide a suitable environment for the child.
- Recent photographs and marriage certificate of the duo.
- Declaration regarding the health and medical fitness condition of the duo duly certified by a medical doctor.
- Certificate of the financial status/suitability along with the supporting documents
- A formal declaration from the duo certifying their willingness to be appointed legal guardians of the child in question.
- An undertaking from the social or child welfare enlisted agency sponsoring the application to the effect that the child would be legally adopted, according to the laws of the country, within two years.
(Please note that once the adoption is effected, the 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)).
- A formal undertaking that one will provide the adopted child with necessary education and an upbringing in accordance with the status.
- An undertaking from the sponsoring social/child welfare agency to the effect that, in case of disruption of the family status before legal adoption has been effected, the agency will take care of the child and find a suitable alternative placement for the child. Once a suitable alternative has been identified, the guardianship status granted by the Indian court would also need to be transferred to the new adoptive parents with the approval of CARA.
- An undertaking from the 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.
- An undertaking from the 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.
- Any other documentation that one feels will help satisfy the competent court with regard to the following:-
- That as legal guardian, one 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 migration facilities 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 the country on adoption (this applies if you are not an Indian citizen resident abroad).
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).
