ADOPTION PROCEDURE FOR NON-RESIDENT INDIAN, OVERSEAS CITIZEN OF INDIA CARDHOLDER AND FOREIGN PROSPECTIVE ADOPTIVE PARENTS RESIDING ABROAD

Non-resident Indian and Overseas Citizen of India Cardholder prospective adoptive parents shall be treated at par with Indians living in India in terms of priority for adoption of orphan, abandoned or surrendered children.

• Any non-resident Indian, Overseas Citizen of India Cardholder or foreign prospective adoptive parents, living in a country which is a signatory to the Hague Adoption Convention and wishing to adopt an Indian child, can approach the Authorised Foreign Adoption Agency or the Central Authority concerned, as the case may be, for preparation of their Home Study Report and for their registration on the Designated Portal.
• In case, there is no Authorised Foreign Adoption Agency or Central Authority in their country of habitual residence, then the non-resident Indian or Overseas Citizen of India Cardholder prospective adoptive parents shall approach the Government department or Indian diplomatic mission concerned in that country for the purpose.
• The Authorised Foreign Adoption Agency or Central Authority or the Government department or the Indian diplomatic mission concerned, as the case may be, on ascertaining the eligibility of the prospective adoptive parents for adopting a child, shall get their Home Study Report completed and register their application on the Designated Portal along with the required documents as specified in the Schedule VI.
• The seniority of the prospective adoptive parents shall be counted from the date of their registration and uploading of requisite documents on the Designated Portal.
• The Home Study Report and other documents of the prospective adoptive parents, referred to in this Chapter, shall be scrutinised at the Authority in order to determine their eligibility and suitability.
• The profiles of two children, in one or two referrals with one month interval between two consecutive referrals, shall be forwarded through the Designated Portal to the Authorised Foreign Adoption Agency or Central Authority or Government department or Indian diplomatic mission, as the case may be, which may further forward such profiles to the prospective adoptive parents concerned as per local rules:

  Provided that in case of the non-resident Indian and Overseas Citizen of India Cardholder prospective adoptive parents, the number of referrals shall be as that of resident Indians.

• Prospective adoptive parents may reserve the referred child within ninety-six hours.
• In case the prospective adoptive parents fail to reserve the child within ninety-six hours, then the profile of the child shall stand automatically withdrawn.
• Preference of the prospective adoptive parents shall be taken into consideration when sending referrals to them
• If the prospective adoptive parents reserve the child shown, they shall accept the referral by signing the Child Study Report and Medical Examination Report of the child within thirty days from the date of reservation.
• The Child Study Report, Medical Examination Report and photograph of the child, in original, shall be sent by the Specialised Adoption Agency to the Authorised Foreign Adoption Agency or Central Authority or the Indian diplomatic mission concerned.
• In case the prospective adoptive parents fail to accept the reserved child within thirty days, then the profile of the child shall stand withdrawn from the Designated Portal and the seniority of the prospective adoptive parents shall be relegated to the bottom of the list; and shall be given another opportunity to reserve and accept a child when their turn becomes due, provided that their Home Study Report remains valid.
• If the prospective adoptive parents desire to visit the Specialised Adoption Agency to see the child in person after reservation, they may be facilitated by the Specialised Adoption Agency to get the Medical Examination Report of the child reviewed by a medical practitioner of their choice.
• The Authorised Foreign Adoption Agency shall forward the original documents of the prospective adoptive parents, as specified in the Schedule IX, to the Specialised Adoption Agency concerned for their scrutiny.
• All documents forming part of the Home Study Report shall be notarised and the signature of the notary is to be apostil by the Competent Authority of the receiving country in cases of Hague Adoption Convention ratified countries, however the documents originating from India shall be self-attested.
• If the documents are in any language other than English, then the originals must be accompanied by translations in English, duly attested by the agency or Authority in the country of residence of the prospective adoptive parents designated for the purpose of attestation.

• The Authority shall issue No Objection Certificate in favour of the proposed adoption in the format provided in the Schedule X, within ten days from the date of receipt of the acceptance of the child by the prospective adoptive parents and letter of approval or permission of the receiving country as per Article 5 and Article 17 of the Hague Adoption Convention, wherever applicable; and the No Objection Certificate shall be generated online through the Designated Portal.
• The prospective adoptive parents may take the child in pre-adoption foster care for a temporary period within India after issuance of No Objection Certificate by the Authority while the adoption order is pending, by furnishing an undertaking to the Specialised Adoption Agency in the format provided in the Schedule VIII
• The prospective adoptive parents shall receive final custody of the child from the Specialised Adoption Agency as soon as the passport and visa are issued to the child after issuance of adoption order from the District Magistrate

• The legal procedure as provided in regulation 13 shall, mutatis mutandis be followed in cases of inter-country adoption under this Chapter.
• On receipt of the No Objection Certificate from the Authority, the Specialised Adoption Agency shall approach the District Child Protection Unit within five days with the adoption application and the District Child Protection Unit shall scrutinise the application for submission of the dossier to the District Magistrate within five days in the format provided in the Schedule XXIX:

  Provided that the aforesaid timeline shall be reduced to three days at each stage once it is enabled through the online mode.

• In cases of the prospective adoptive parents habitually residing abroad desire the Specialised Adoption Agency to represent on their behalf, the application shall also
• be accompanied by a Power of Attorney in favour of the social worker or adoption in-charge of the Specialised Adoption Agency which is processing the case and such Power of Attorney shall handle the case on behalf of the prospective adoptive parents.

• The Authority shall issue a Conformity Certificate under Article 23 of the Hague Adoption Convention in the format provided in the Schedule XI within three days from the date of availability of the adoption order on the Designated Portal, in case the receiving country of the adopted child is a signatory to the Hague Adoption Convention.
• The Authority shall inform the immigration authorities and the foreign regional registration office about confirmation of the adoption.
• To obtain Indian passport for the adopted child, the Specialised Adoption Agency shall submit the application to the regional passport officer within three days from the date of receipt of the adoption order.
• The regional passport office shall issue passport for the adopted child within ten days from the date of receipt of application, in accordance with the circulars regarding issuance of passport to inter-country adopted children, issued by the Ministry of External Affairs of the Central Government from time to time.
• The Specialised Adoption Agency shall approach the birth certificate issuing Authority for obtaining birth certificate of the adopted child, with the name of adoptive parents, as parents, and date of birth as recorded in the adoption order within a period of five days of obtaining of the certified copy of the adoption order.
• The adoptive parents shall come to India for taking the adopted child to their country within a period of two months from the date of adoption order

• The Authorised Foreign Adoption Agency or the Central Authority or Indian diplomatic mission or Government department concerned, as the case may be, shall report the progress of the adopted child for two years from the date of arrival of the adopted child in the receiving country, on a quarterly basis during the first year and on six monthly basis in the second year, by uploading information online on the Designated Portal along with photographs of the child as provided in the Schedule XII.
• On the basis of the progress report or in course of post-adoption home visits, if an adjustment problem of an adoptee with the adoptive parents comes to the notice of the Authorised Foreign Adoption Agency or Central Authority or the Government department concerned in the receiving country, necessary counselling shall be arranged for the adoptive parents and for the adoptee, wherever applicable.
• If it is found that the adoptee is unable to adjust in the adoptive family or that the continuance of the child in the adoptive family is not in the interest of the child, the Authorised Foreign Adoption Agency or Central Authority or the Government department in the receiving country, as the case may be, shall withdraw the child and provide necessary counselling and shall arrange for suitable alternate adoption or foster placement of the child in that country, in consultation with the Indian diplomatic mission and the Authority.
• In case of disruption or dissolution of adoption, the child shall be entitled to receive care, protection and rehabilitation through the child protection services of that country and as provided in the Hague Adoption Convention.
• The Authorised Foreign Adoption Agency or Central Authority or Government department concerned shall contact Indian diplomatic mission to render necessary help and facilitate the repatriation of the child, if required.
• The Authorised Foreign Adoption Agency or Central Authority or Government department concerned, may organise annual get-together of Indian adoptees and their adoptive parents and forward a report of the event to the Authority.
• The prospective adoptive parents shall furnish an undertaking to the effect that they shall allow personal visits of the representative of Authorised Foreign Adoption Agency, the foreign Central Authority or Government department concerned, as the case may be, to ascertain the progress of the child with the adoptive parents or family at least for a period of two years from the date of arrival of the child in the receiving country.