INTRODUCTION (ADOPTION RULES)
Adoption is considered as a splendid work in the whole world as by adopting a child we give him/her a new and better life. The child who is being adopted gets a new family who takes care of him by giving him a quality life. As adoption is for the benefit of a child it should be a simple and convenient process but it is a really complex process, the process of adoption is even more complex for Non-Resident Indians (NRIs).
Although the Indian government is set to come up with new adoption rules which will make the process of adoption much simpler for NRIs and OCIs and they will be allowed take their adopted child to their country where they reside.
The current adoption rules for NRIs are really complex and packed with administrative hurdles and legal issues. The procedure can be very time consuming and distressing. The main problems arise because of the stringent adoption rules in India.
According to the Guardians and Wards Act, 1890, non-Hindus are forbidden from adopting children in India. Even the Hindu Adoption and Maintenance Act, 1956 does not allow non-Hindus i.e., Muslim, Christian, Jewish, and Parsi individuals to adopt children in India.
Central Adoption Resource Authority is the body that looks after the affairs of adoptions in India. It is an autonomous and statutory body that comes under the Ministry of Women and Child Development. This body looks after the adoption of Indian children and regulates the adoption within the country and the adoptions that takes place inter-country.
PROCEDURE AND ADOPTION RULES FOR NRIs
In order to adopt a child eligibility criterion according to CARA need to be satisfied. Once this requirement is fulfilled, individual who seeks adoption needs to approach the authorized foreign adoption agency of the country of whom that individual is resident of. The Hague Adoption Convention authorises its signatory countries to regulate future processes with India by way of their foreign adoption agencies.
If in case the resident country of the NRI seeking to adopt a child does not have an authorised adoption agency the he may approach the Indian embassy in that country for the same purpose. After the initiation of the registration process, the residence of the individual will be inspected in order to check the suitability of the place. Once the eligibility criteria are met, then further CARA will assist in matching you with a child in India for the purpose of adoption.
.Documents for the purpose of adoption can be procured from the adoption agency of the resident country of the NRIs. Once all the documents are collected, then an individual can apply to the Consular Wing of the Indian Embassy or High Commission in the resident country. Now, the embassy will get the documents and certificates verified and attested.
After fulfilling all the legal requirements, the application is then submitted in an Indian Court having the jurisdiction of the area where the child resides.
The court will further analyse the application and judge the merit of the said application and if the application is approved, adoption Deed will be granted.
As per the government guidelines the NRIs who seek to adopt an Indian child are required to travel to India in order complete
the procedure for adoption and then they will be allowed to take their adopted child to their resident country.
After process of grant of Adoption Deed
In order to take the adopted child with them, the NRIs have to apply for Guardianship Rights. The application for the same is made under the Hindu Minority Guardianship Act, 1956.Once the Guardianship Rights are granted the NRI parents will have to apply for the passport for their child. Now, the NRI parents must approach the Indian embassy in their resident country in order to arrange the immigration of the adopted child in their country of residence.
Even after this typical process of adoption is complete, the NRI parents will have to keep updating CARA about the welfare and progress of child. If it seems to CARA that the parents are negligent in taking care of the child, then it will act upon it accordingly. This is done in order to seek a better future for the Indian child who is being adopted.
The Indian government is expected to announce new adoption rules to allow Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) to take their adopted child to their country of residence with ease. The NRI parents who seek to adopt an Indian child under the Hindu Adoption and Maintenance Act 1956 can take their adopted child to their country of residence getting a ‘no-objection’ certificate. The NOC will be given by CARA. This new development will ease the process of inter-country adoption under HAMA. Although, these new regulations are still under pipeline and are yet to be implemented. Currently, in order to take their adopted child outside India, NRI parents are required to get a Court order for the same which can be a complex and time-consuming process in India.
Along with easing the process of inter-country adoption, these new adoption rules will introduce a detailed verification process in order to address concerns about human trafficking under the garb of adoption.