Adoption is a step which changes a life not only of the parents who intending to adopt but also of a child who is getting adopted. It is a legal process through which person is allowed to become parents of a child even when the child and the prospective parents are not related by blood and have all responsibilities and rights of biological child. Adopting a child can be vastly fulfilling for the parents as well as the child, however the process and the decision of adoption can be long and difficult. The parents can face some legal difficulties along with proving capability as a parent.Under the Hindu Adoption and Maintenance Act 1956 has governed the adoption law in India which is applicable for Hindus, Sikhs, Buddhists and Jain. Whereas The Guardians and Wards Act 1890 is applicable for Muslims, Christians, Jews and Parsis. Read here to know more about adoption laws in India if you are planning for adoption. Non-resident Indian prospective adoptive parents shall be treated at par with persons living in India for the terms for adoption of Indian abandoned, orphan or surrendered children.However since you are a Non-Resident Indian you should approach the Central Adoption Resource Authority which is governed by the Ministry of Women & Child Development to complete the process of adoption.Once you have submitted the application, The Authorised Foreign Adoption Agency or the Central Authority will identify the eligibility for adoption of a child of prospective adoptive parents . It will help to complete home study report and registration process in the format along with required documentation. The Child Adoption Resource Information and Guidance System will forward two profiles of children in one or two referral. These profiles further forwarded to the adoptive parents. The adoptive parents may reserve one of the referred children within ninety-six hours of referral. In case the adoptive parents fail to reserve any of the children within ninety-six hours then the profiles or referral of both the children shall stand automatically withdrawn. If the adoptive parents reserve one of the children, than they have to accept the child by signing the Home Study Adoption report and medical examination report of the child.The Authorised Foreign Adoption Agency shall forward the original documents of the child to the prospective adoptive parents as specified in Schedule IX to the Specialised Adoption Agency concerned for their inspection.
The concerned Authority may issue No Objection Certificate in favour of the proposed adoption in the format at Schedule X, within 10 days from the date of receipt of the acceptance of the child by the adoptive parents and letter of approval of the receiving country as per Article 5 and Article 17 of the Hague Adoption Convention wherever applicable. A copy of the NO Objection certificate shall also be endorsed to all the concerned and it is to be posted in Child Adoption Resource Information and Guidance System forthwith. All the documents along with the home study report shall be notarised and signature of the notary is to be apostilled by the competent authority of the receiving country. All the documents originating from India shall be self-attested. The prospective adoptive parent can take the child in pre-adoption further care for a temporary period within India after No Objection Certificate by the concerned authority while the court order is pending by completing an undertaking to the Specialized Adoption Agency in the format at Schedule VIII. The prospective adoptive parent shall receive final custody of the adoptive child from the Specialized Adoption Agency as soon as the visa and passport are issued to the child after the adoption order from the competent court of law.The immigration clearance for the adopted child for abroad shall be obtained from the Central Government in the Foreigners’ Division, Ministry of Home Affairs, by the Indian diplomatic mission to that country.The Authorised Foreign Adoption Agency or Indian diplomatic mission or the Central Authority as case may be shall report the progress of the child for two years from the date of arrival of the adopted child in the receiving country on a quarterly basis of the first year and on six month basis of the second year by uploading online in the Child Adoption Resource Information and guidance system on the provided format in Schedule XII along with photographs of the adopted child.On the basis of the progress report, if an adjustment problem of an adopted child with the adoptive parents comes to the notice of the concerned authority i.e. Authorised Foreign Adoption Agency or Central Authority or the Government department in the receiving country than a necessary counselling shall be arranged for the adoptive parents and for the adopted child wherever is applicable. In case of termination of adoption the child shall be entitled to receive the protection, care and rehabilitation through the child protection services of that country.The Authorised Foreign Adoption Agency or Central Authority or concerned Government department shall contact Indian diplomatic mission to provide necessary facility and help to the child, if required. The Authorised Foreign Adoption Agency or Central Authority or concerned Government department must organise annual get-together of adopted child and their adoptive parents. Thereafter forward a report of the event to the concerned Authority.