- 19-Apr-2025
- Healthcare and Medical Malpractice
Non-Resident Indians (NRIs) and foreign nationals can adopt children from India under the legal framework established by the Juvenile Justice (Care and Protection of Children) Act, 2015 and governed by the Central Adoption Resource Authority (CARA). The adoption process for NRIs and foreigners involves several steps to ensure the adoption is legal, ethical, and in the best interest of the child.
CARA, an autonomous body under the Ministry of Women and Child Development, is responsible for overseeing intercountry adoptions and ensuring that the process adheres to international adoption standards. Below are the steps and requirements involved in adopting a child in India for NRIs or foreigners.
Before initiating the adoption process, NRIs and foreigners must meet certain eligibility criteria:
NRIs and foreign nationals must register with a CARA-approved adoption agency. These agencies are authorized to facilitate intercountry adoptions and must follow specific guidelines under the Juvenile Justice (Care and Protection of Children) Act.
Adoption agencies can be either government-run or private, licensed agencies that are registered with CARA.
The applicant will need to submit personal, financial, and medical documents such as:
A home study is conducted by the adoption agency to assess the suitability of the adoptive parents. This step includes:
The agency will interview the prospective parents to understand their background, family life, and readiness for adoption.
To ensure it is a safe and suitable environment for a child, a social worker will visit the home.
The psychological stability and emotional readiness of the parents are assessed during this process.
A comprehensive report is prepared by the agency, which helps in matching the prospective parents with a child.
Once the home study is completed, the adoption agency matches the applicants with a child who fits their preferences (age, gender, special needs, etc.) and the child's requirements.
The agency ensures that the child is legally free for adoption and has been declared so by a competent authority (such as a court).
In the case of older children, their consent may be taken if they are above a certain age (typically 12 years).
The matching process takes into account the parents' readiness and the child’s needs, ensuring the child’s best interests.
Once a match is made, the child is placed with the prospective parents on a trial basis, typically for 15-30 days. This period allows the child and the parents to adjust to the new family dynamic. The adoption agency closely monitors the process during this period.
Once the trial placement is successful, the adoptive parents must file a petition for adoption in the District Court or Family Court. The court verifies the adoption process and ensures all legal requirements have been met, including:
The court ensures that the child is legally available for adoption, based on the adoption agency's report and legal documentation.
The court reviews the home study report, the adoptive parents' suitability, and the matching process.
The court will also assess the child's welfare and whether the adoptive parents can provide a supportive and caring home.
The court then grants an adoption order, which legally formalizes the relationship between the adoptive parents and the child.
Once the court grants the adoption order, the child’s birth certificate is amended to reflect the names of the adoptive parents. This officially recognizes the adoptive parents as the legal guardians of the child.
CARA requires that the adoption agency conducts post-adoption follow-ups to monitor the child’s well-being in the new home for at least 2 years. This is done through periodic reports from the adoption agency to ensure that the child is well-adjusted and cared for.
For NRIs adopting a child, once the adoption is finalized, the next step is the repatriation process. This includes obtaining the child’s passport and the necessary visa documents to bring the child back to the parent’s country.
The child must receive a visa to enter the adoptive parents' country, and this is facilitated by the adoption agency in collaboration with the Indian Ministry of External Affairs.
The adoption process must comply with the Hague Convention on Intercountry Adoption (for countries that are signatories), which ensures that the adoption follows international standards of ethical practice.
John and Emma, a couple from the United States, want to adopt a child from India. They register with a CARA-approved agency in India, submit all required documents, and complete their home study. After matching with a 5-year-old boy, Aryan, they undergo a trial placement period in India.
After the trial placement, they file a petition in the Indian Family Court for adoption, which is approved after verification of their documents and suitability. The court grants them a final adoption order, and Aryan’s birth certificate is amended to reflect them as his legal parents. They then proceed with the repatriation process, securing the necessary documents for Aryan's visa to join them in the United States.
NRIs and foreigners can adopt children in India by following a well-defined legal process governed by the Juvenile Justice Act and facilitated by CARA. They must meet certain eligibility criteria, including age, financial stability, and mental health requirements. The process includes registering with a CARA-approved agency, undergoing a home study, matching with a child, completing a trial placement, filing a court petition, and receiving a legal adoption order. Post-adoption follow-ups are required to ensure the child’s welfare, and the process involves repatriation for NRIs to bring the child to their home country.
Answer By Law4u Team
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