- 21-Dec-2024
- Family Law Guides
When a child is adopted by a foreign couple, several legal processes and protections come into play to ensure the child’s rights and welfare are upheld both in India and internationally. Adoption, especially international adoption, is a complex legal process that involves the interplay of national and international laws, treaties, and agreements aimed at safeguarding the child's rights.
Provisions for Adoption: In India, adoption by foreign couples is governed by the Juvenile Justice Act (JJ Act), 2015, which lays down procedures for the adoption of children, both by Indian and foreign parents. The Act ensures that adoption is in the best interests of the child, with thorough checks on the adoptive parents' suitability and the child’s welfare being the priority.
Eligibility of Adoptive Parents: Foreign couples who wish to adopt a child from India must meet specific criteria. These include being in a stable relationship, being financially capable, and ensuring that the child will be given a safe and loving environment.
India is a signatory to the Hague Convention, which ensures that international adoptions are carried out ethically and in the best interests of the child. The Hague Convention mandates that the adoption process is transparent, and there is no trafficking or illegal activities involved.
The Convention requires that children are not forcibly removed from their birth countries for adoption but are placed in a manner that respects their rights, including the consideration of their background, culture, and needs.
The Central Adoption Resource Authority (CARA) is the central authority in India that regulates the adoption process for both Indian and foreign couples. CARA ensures that adoptions are conducted in accordance with Indian law and international standards, protecting the child’s rights throughout the process.
CARA works with foreign adoption agencies, ensuring that the child is placed with appropriate parents who are not only legally qualified but also psychologically and financially fit to provide care.
Foreign couples interested in adopting an Indian child must apply through authorized adoption agencies. Their background is thoroughly investigated, including psychological evaluations, financial status, and personal history.
A home study is conducted by a licensed adoption agency to assess the suitability of the adoptive parents. After the adoption, the foreign parents are required to provide updates on the child’s well-being for a set period, which typically lasts for at least two years, to ensure the child’s adaptation and welfare in the new environment.
Once adopted by foreign parents, the child’s Indian citizenship is generally not automatically revoked. However, the adoptive parents can apply for the child’s foreign nationality. Under Indian law, the child may retain their Indian citizenship until they acquire the nationality of their adoptive country, depending on the laws of the adoptive country. In some cases, a child may hold dual citizenship, depending on the adoption country's laws.
Upon adoption, the child becomes a citizen of the adoptive country according to that country's laws. This typically grants the child the full rights of citizenship, including access to education, healthcare, and social services in the new country.
After the adoption, the child becomes a full legal member of the adoptive family. The adoptive parents have the same legal rights and responsibilities toward the child as biological parents. The child is entitled to inherit the adoptive parents' property and is protected by the laws of the adoptive country.
The child will have access to healthcare, education, and other social services as a citizen of the adoptive country. These rights include the right to education, protection from abuse, and other welfare benefits, ensuring that the child’s well-being is safeguarded.
The child’s cultural heritage and identity are important considerations in the adoption process. The Hague Convention emphasizes that the adoption should be conducted in a way that preserves the child’s cultural identity, to the extent possible. This may include the adoptive parents making efforts to maintain the child’s ties to their Indian heritage, through cultural activities, language, or contact with the child’s extended biological family, if feasible.
Many foreign parents seek to maintain a connection to their child’s Indian roots through visits to India, participation in Indian cultural activities, or keeping the child connected with their birth language. Adoption agencies often provide post-adoption support and counseling for families and children to help the transition.
The adoption process under the Hague Convention and Indian laws provides strong safeguards against child trafficking and abuse. The central adoption authorities and agencies in both India and the adoptive country are tasked with ensuring that the child is placed in a safe and loving environment. This includes rigorous checks, both before and after the adoption, to protect the child from abuse or exploitation.
In some cases, adopted children may have the right to access information about their birth parents or family, depending on the laws of the adoptive country and the specifics of the adoption agreement. However, the extent of this right varies between jurisdictions.
The Act and international adoption agreements encourage efforts to facilitate contact with the birth family, where appropriate and in the best interest of the child. However, once an adoption is finalized, the adoptive family assumes full parental responsibility.
The child’s welfare is always the primary consideration in adoption proceedings. The child’s emotional, physical, and psychological needs are taken into account at every stage of the process, from the initial placement to post-adoption care.
To ensure the child’s well-being after the adoption, foreign parents are required to submit periodic reports on the child’s progress. This ensures that the child is adjusting well to the new family and environment. CARA, along with international agencies, monitors these reports.
Before the adoption is finalized, both the child and the adoptive parents may undergo counseling. This helps prepare the child for the transition and helps the parents understand the child’s unique needs.
Example: A U.S. couple wishes to adopt a 6-year-old girl from an orphanage in India. They apply through an authorized adoption agency in India. The agency conducts a thorough background check and home study, assessing the couple’s ability to provide for the child. After the adoption is finalized, the child is granted U.S. citizenship, but retains Indian citizenship unless the U.S. couple applies for her naturalization. The child is provided with post-adoption services, and the agency continues to monitor her adjustment through regular reports. The family maintains contact with the orphanage in India to help the child preserve her cultural heritage.
When a child is adopted by a foreign couple, their rights are protected through a combination of national laws (such as India’s Juvenile Justice Act) and international treaties (such as the Hague Convention on Intercountry Adoption). The child becomes a legal member of the adoptive family, with access to education, healthcare, and social services in the new country. Adoption processes ensure the child’s best interests, and the child is provided with safeguards against abuse and exploitation. Moreover, efforts are made to preserve the child’s cultural identity and maintain connections to their birth family, when possible and appropriate. The goal is always to ensure that the adoption results in a nurturing, safe, and loving environment for the child.
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