- 19-Apr-2025
- Healthcare and Medical Malpractice
For Non-Resident Indians (NRIs), the adoption process in India is slightly different from that of Indian citizens living in the country. While the Juvenile Justice (Care and Protection of Children) Act, 2015 governs adoption, NRIs are subject to additional regulations that apply to inter-country adoption. The process is carefully regulated to ensure that it aligns with international standards, including those of the Hague Convention on Inter-country Adoption. CARA (Central Adoption Resource Authority) is the primary authority overseeing both domestic and international adoption procedures in India.
CARA plays a critical role in regulating adoptions for NRIs and foreign nationals. While domestic adoptions may proceed through the State Adoption Resource Agency (SARA) or through recognized adoption agencies, NRIs must go through CARA to adopt a child. NRIs must apply to CARA or a recognized adoption agency for inter-country adoption. CARA ensures that all international adoption procedures meet the legal and ethical standards set forth by Indian law.
Age: NRIs are generally required to be at least 25 years old and must be 21 years older than the child they wish to adopt, similar to domestic adoption criteria. However, the maximum age limit for NRIs may vary depending on the child's age and the specific adoption agency's policies.
Marital Status: An unmarried NRI can adopt a child, but if the NRI is married, both spouses must consent to the adoption. In cases where the NRI is married, the adoption will proceed only if both spouses are living together. The couple must demonstrate their ability to provide a stable and supportive environment for the child.
Health and Financial Stability: NRIs must be in good health and financially stable to ensure they can raise a child. They must provide detailed documentation about their health, income, and living conditions to demonstrate their ability to care for the child.
Background Checks: Just like in domestic adoptions, background checks (including criminal background verification) are required for NRIs to ensure they are suitable to adopt.
The consent of the biological parents or legal guardians is required in most cases unless the child has been declared legally free for adoption by the Child Welfare Committee (CWC). If the biological parents are untraceable or unable to give consent, the CWC will step in and declare the child free for adoption, allowing the process to continue under CARA’s supervision. If the child has been abandoned or is an orphan, the child will be registered as legally free for adoption, and NRIs can proceed with the adoption without requiring the biological parents' consent.
NRIs must apply to CARA-recognized adoption agencies in India. These agencies will help with the home study, verification of documents, and match the NRI applicants with a child. If the NRI family is in a foreign country, they must contact the Indian embassy or a recognized adoption agency in their respective country, which will liaise with CARA to facilitate the adoption.
A home study is a critical part of the adoption process for NRIs. The adoption agency will assess the NRI applicant's home environment, emotional preparedness, financial stability, and overall suitability to raise a child. The home study will be conducted in the NRI’s country of residence, and the agency will send the report to CARA for approval.
After CARA’s approval, the adoption will be presented to the court in India for final approval. The court will examine the documentation, including the home study report, and verify the eligibility and suitability of the adopting family. Once the adoption is finalized, the court will issue a formal adoption decree. After this, the NRI can apply for a visa for the child through the relevant embassy and arrange for the child’s travel to the NRI's country of residence.
While the core principles of adoption, such as the child’s welfare and the adoptive parents’ suitability, remain the same for both domestic and NRI adoptions, the inter-country adoption process involves several additional layers of scrutiny. The Hague Convention on Inter-Country Adoption ensures that the adoption process is ethical, transparent, and adheres to the welfare of the child. India is a signatory to this convention, which means that the adoption process for NRIs is designed to prevent illegal trafficking and ensure that the child’s best interests are the primary concern.
After the adoption, CARA requires post-adoption follow-up to ensure the child’s welfare. The adoption agency or CARA may request reports or visits to verify how the child is adjusting to their new family and life abroad. For NRIs, this follow-up process can involve regular reports from the adoptive parents sent to CARA, which may include photos, medical checkups, and other relevant updates on the child’s well-being.
Once the adoption is finalized in India, NRIs will need to apply for an Indian passport for the child and obtain the necessary visa or immigration clearance for their country of residence. The process may involve liaising with both Indian authorities and the embassy or immigration authorities in the adoptive parents' country.
Raj and Priya, a couple from the United States, wish to adopt a 3-year-old girl from India. They start the process by applying to a CARA-recognized adoption agency in India. The agency conducts a home study to assess their living situation, finances, and emotional preparedness. After completing the necessary formalities, the agency forwards their application to CARA. The child is found to be legally free for adoption, as her biological parents are untraceable. The couple’s application is approved, and the adoption is finalized by an Indian court. After obtaining the necessary paperwork, Raj and Priya apply for an Indian visa for their child and arrange for her travel to the United States.
For NRIs wishing to adopt a child from India, the process involves several unique steps compared to domestic adoptions. NRIs must apply through CARA and recognized adoption agencies, undergo a home study process, and ensure that all eligibility criteria are met. The process is more complex due to the international nature of the adoption, involving background checks, consent requirements, legal procedures, and post-adoption follow-up. The ultimate goal is to ensure that the child’s best interests are protected and that the adoption is conducted in a transparent and ethical manner, in line with the Hague Convention on inter-country adoption.
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