What Are the Legalities of Adopting a Child from Another Country?

Adopting a child from another country involves navigating through a complex and highly regulated process, ensuring the protection and welfare of the child, as well as compliance with both Indian and international laws. In India, inter-country adoptions are primarily governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, and CARA (Central Adoption Resource Authority). The process must also comply with international conventions like the Hague Convention on Inter-country Adoption, to ensure that the adoption is ethical, legal, and in the best interest of the child.

Legalities of Adopting a Child from Another Country

1. Eligibility Criteria for Prospective Adoptive Parents (PAPs)

Before adopting a child from another country, the prospective adoptive parents must meet certain eligibility criteria:

• Age Requirements: The adoptive parents must be at least 25 years older than the child they wish to adopt. In case of a couple, the combined age must be at least 45 years.
• Marital Status: Both married couples and single individuals are eligible to adopt under Indian law, but there are some restrictions for single men (they can only adopt a boy child in some cases).
• Financial and Health Status: The adoptive parents should be financially stable, with a consistent income, and in good physical and mental health to provide for the child.
• Psychological Suitability: The prospective adoptive parents (PAPs) must also be assessed for their emotional readiness and psychological stability to take on the responsibility of raising a child.

2. The Role of CARA (Central Adoption Resource Authority)

CARA, a government body under the Ministry of Women and Child Development, plays a central role in inter-country adoptions in India. Its functions include:

• Registration and Screening: CARA is responsible for the registration of adoptive parents who wish to adopt a child from abroad. All adoption agencies (including foreign ones) must be approved by CARA.
• Matching Process: CARA ensures that the matching process is done carefully, ensuring that the child’s best interests are taken into account.
• Monitoring and Post-Adoption Follow-Up: CARA also conducts post-adoption follow-ups to ensure the child’s well-being and adjustment in the new family.

3. Hague Convention on Inter-country Adoption

India is a signatory to the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption, which was adopted in 1993. This international treaty sets out a legal framework to ensure that inter-country adoptions are conducted in an ethical, transparent, and child-centric manner.

• Ethical Standards: The Hague Convention ensures that all inter-country adoptions are voluntary, transparent, and carried out without exploitation. The child must not be sold or trafficked, and the adoption must be in the best interest of the child.
• Central Authorities: Each country that is part of the Hague Convention has a Central Authority, responsible for overseeing the adoption process. In India, CARA acts as the Central Authority for adoption matters.
• Compliance with the Convention: All adoptions between a country that is a party to the Convention and a non-signatory country must comply with the standards set out by the Convention. The aim is to ensure that the adoption is legal and ethical and that the rights of the child and the birth parents are protected.

4. The Juvenile Justice (Care and Protection of Children) Act, 2015

The Juvenile Justice Act, 2015 provides a legal framework for the adoption process in India, including international adoptions. Key provisions include:

• Eligibility Criteria for Adopting Parents: The JJ Act ensures that parents wishing to adopt must meet the same criteria, whether the adoption is domestic or international. The adoptive parents' suitability is carefully assessed.
• Adoption Process: The Act mandates that all children be declared legally free for adoption before the adoption process begins. This declaration is made by the Child Welfare Committee (CWC), which works with adoption agencies.
• Role of Indian Adoption Agencies: For international adoptions, Indian agencies must work with authorized agencies in foreign countries to process the adoption, ensuring compliance with both countries' legal frameworks.

5. The Adoption Process for Inter-Country Adoptions

The following steps are involved in adopting a child from another country:

• Step 1: Registration: Prospective adoptive parents must first register with a CARA-approved adoption agency in India. The agency will then verify their eligibility and prepare a dossier of documents, including medical certificates, income tax returns, proof of employment, and other personal and background information.
• Step 2: Matching Process: Once the dossier is approved, the adoption agency works with the child care institution to match the parents with an eligible child. After the match, the agency will notify the Central Authority in the adopting country.
• Step 3: Legal Procedures in India: The adoption must be legalized by the court in India. The court reviews the application, including the documentation and suitability of the parents, before issuing a final adoption order.
• Step 4: Completing the Adoption in the Foreign Country: After the legal process in India is completed, the adoption is processed in the adopting country. This may involve obtaining the child’s visa, citizenship status, and passport. Foreign authorities ensure that the adoption is consistent with their country’s adoption laws.
• Step 5: Post-Adoption Follow-Up: CARA requires regular follow-up reports from the adoption agencies about the child’s adjustment and welfare in the new family, even after the adoption is completed.

6. Citizenship of the Adopted Child

• Indian Law: Under the Indian Citizenship Act, 1955, a foreign child adopted by Indian parents can acquire Indian citizenship through the process of naturalization.
• Foreign Laws: The country where the adoptive parents reside will apply its own citizenship laws. Most countries automatically grant citizenship to adopted children, but some may require additional steps, such as citizenship applications or residency requirements.

Example

A couple from the United States wishes to adopt a child from India. They register with an adoption agency approved by CARA. After completing the necessary paperwork and background checks, they are matched with a 3-year-old girl from a child care institution in India. The Child Welfare Committee (CWC) declares the child legally free for adoption, and the process is completed through the Indian court system. After receiving the legal adoption order, the couple proceeds with immigration formalities and the child is granted a visa and citizenship in the U.S. Follow-up visits are arranged to ensure the child's well-being in her new home.

Summary

Adopting a child from another country involves navigating a complex legal process that ensures the child’s welfare and protects the rights of all parties involved. In India, CARA regulates inter-country adoptions in accordance with the Juvenile Justice Act and Hague Convention standards. The process includes registering with a CARA-approved adoption agency, verifying eligibility, ensuring the child is legally free for adoption, obtaining court approval, and handling immigration procedures. Legal protections, including the citizenship status of the child, are also taken into account to ensure that the adoption is valid and ethical.