14/07/2023
💻Registration for NRI or OCI or PIO or Foreign PAP(s):-
(1) The PAP(s) desiring to adopt any child or children from India may register with the
Authorized Foreign Adoption Agency (AFAA) or Central Authority (CA) or Government
Department dealing with adoption matters in the receiving country.
(2) The PAP(s)with the assistance of AFAA or CA shall obtain the permission of the competent
authority of their country for adopting a child from India.
28. Home Study and other requirements. -
(1) A professional social worker of the AFAA or Central Authority or Government Department
dealing with adoption matters in the country of the habitual residence (365 days or more) of the
PAP(s), shall conduct their Home Study and shall prepare the HSR and the HSR shall contain all
documents as specified in Schedule VI.
(2) All documents forming part of the Home Study Report shall be notarized and the signature of
the notary is to be apostilled by competent authority of the receiving country.
(3) If the documents are in any language other than English, then the originals must be
accompanied by translations in English attested by competent authority.
(4) The HSR of PAP(s) shall remain valid for a period of two years but the medical status of the
PAP(s) should not be more than one year old at the time of referral of the child.
(5) The Home Study Report should also indicate preferences, if any, of the PAP(s) about the
child’s age, s*x, physical and medical condition, or location within India.
29. Identification of RIPA by CARA. -
(1) The AFAA or CA or concerned Government Department of the country receiving the child
shall forward one attested or notarized copy of the HSR (not original) directly to CARA for
identifying a suitable RIPA.
(2) CARA shall have a Screening Committee to examine the prima facie suitability of PAPs
proposed for inter-country adoption and also identify the RIPA where the dossier will be
forwarded and the Committee, headed by an official of CARA, shall also consist of external
experts.
(3) While deciding to forward the dossier to a particular RIPA, the Committee shall keep in mind
the preference of the PAP(s) for a particular State, availability of children and performance of the
RIPA vis-à-vis in-country adoptions, etc.
(4) The process mentioned in sub-paragraphs (2) and (3) shall be completed preferably within a
period of fifteen days from the receipt of dossier.
(5) The identified RIPA shall be informed by CARA and CARA shall also advise the concerned
AFAA or CA or Government Department to send the original dossier to the identified RIPA.
(6) The identification of RIPA by CARA shall in no way ensure referral of a child from India and
it is not obligatory on CARA to ensure referral of a child.
(7) The RIPA shall not entertain any application received directly from any AFAA or CA or PAPs
from out of India, for adoption of an Indian child.
30. Referral and Acceptance. -
(1) The RIPA shall be responsible for assigning, referral and placement of the child.
(2) In case a RIPA does not find the PAP(s) suitable after detailed scrutiny of their dossier
forwarded by CARA, it shall, within fifteen days of receipt of the original dossier, inform CARA
about the same along with the reasons thereof.
(3) CARA shall have the right to accept or reject the recommendation of the RIPA.
(4) After detailed scrutiny of the dossier and their acceptance as eligible PAPs, the RIPA shall
match a child according to the request given by the PAP(s) as far as possible.
(5) The RIPA shall forward the referral constituting the Child Study Report and Medical
Examination Report of the child to the AFAA or CA or concerned Government Department of
the receiving country, as the case may be.
(6) The AFAA or CA or concerned Government Department of the receiving country, as the case
may be, shall transmit the referral to the PAP for acceptance.
(7) On acceptance of the child by the PAP(s), the AFAA or CA or concerned Government
Department of the receiving country, as the case may be, shall send back the original copy of the
“referral for adoption” to RIPA, along with the following documents, namely:-
(i) Notarized or attested copy of the CSR and MER duly signed by PAP(s);
(ii) Power of attorney of the PAP(s) in favour of the official or social worker of the RIPA for
filing the case in the court;
(iii) A certificate under Article 5 or agreement under Article 17 of the Hague Convention, as
applicable, issued by the CA or competent authority of the receiving country
(8)The process of inter-country adoption of a child shall be completed by the AFAA or CA
within a period of forty-five days from the date of the referral.
31. Recommendation for Inter-country Adoption by Adoption Recommendation
Committee. -
(1) The State Government shall constitute a Committee to be known as the Adoption
Recommendation Committee (ARC)to scrutinize and issue a Recommendation Certificate for
placement of a child in inter-country adoption.
(2) The Adoption Recommendation Committee shall consist of Director or Commissioner of the
State Government dealing with children in need of care and protection or his representative,
Programme Manager (Non-institutional care-SARA) and one external expert or psychologist
who has no linkage with any adoption agency.
(3) Till SARA is operational in a State, the Chairperson of ACA or his representative shall
function as a member of the Committee (in place of Programme Manager) along with the other
members.
(4) On receipt of referral accepted by the PAPs, the RIPA shall forward two copies of the dossier
which includes HSR of the PAPs and the CSR (including MER) duly signed by the PAPs to
SARA or ACA along with a cheque or draft of Rs.2,500- drawn in favour of SARA or ACA, as
the case may be, towards administrative expenses.
(5) The amount received shall be utilised for meeting the expenses in connection with processing
the dossiers, payment to external experts and for other adoption promotion activities.
(6) The list of documents forming part of the dossier shall be as specified in Schedule-X.
(7) A sample affidavit to be executed on stamp paper of sufficient value and to be filed by the
RIPAs is at Schedule -XI.
(8) The SARA would act as a secretariat to the committee constituted under sub-paragraph (1).
(9) The SARA shall receive the dossiers of cases for inter-country adoptions from the RIPA and
put up the same before the ARC for issue of Recommendation Certificate.
(10) Till SARA becomes operational in a State, the ACA would perform the functions of SARA
in that State.
(11) The SARA or ACA, as the case may be, shall ensure that the Recommendation Certificate is
issued expeditiously within a period of 15 days from date of receipt of the dossier.
(12) In case of a special needs child, the SARA or the ACA, as the case may be, should issue the
Recommendation Certificate within a period of 5 days from the date of receipt of the dossier.
(13) In case of medical special needs, the SARA or the ACA, as the case may be, may ask the
RIPA to get a Certificate from a reputed medical institution or a Government Medical Officer.
(14) In case of siblings and older children, the ARC shall ensure that there is no waiting Indian
PAPs within the region for such child or children.
(15) The Committee constituted for issue of Recommendation Certificate should satisfy itself
about the suitability of the PAPs vis-a-vis the child proposed for adoption.
(16) The Committee shall also verify the documents filed by the RIPA and ensure that procedures
have been correctly followed by the RIPA.
(17) In case, at any stage, SARA or ACA or ARC is not satisfied with the documents produced
for obtaining recommendation certificate, it shall conduct appropriate investigation before
disposing off the matter.
(18) The Recommendation Certificate (RC) issued by the Committee shall contain a positive
recommendation if it is satisfied that the Committee has no objection to the child being placed
with the proposed PAPs in inter-country adoption as per format in Schedule -XII
32. Issue of No Objection Certificate (NOC) by CARA. -
(1) Upon issue of Recommendation Certificate by the Adoption Recommendation Committee,
the SARA shall retain one copy of the dossier and send the second set of dossier along with
recommendation certificate to CARA.
(2) Till SARA becomes operational in a State, the ACA shall perform its functions under this
paragraph.
(3) The ACA or SARA shall send a copy of the Recommendation Certificate to the concerned
RIPA.
(4) CARA shall constitute a ‘No Objection Certificate (NOC) Committee’, which shall include
CARA officials and external experts in the field of child development or psychology or social
work or from the medical field and the committee shall be responsible for issuing ‘No Objection
Certificate’ in each case of inter-country adoption.
(5) The NOC Committee constituted by CARA shall examine-
(i) The relevant documents submitted by the RIPA and verify that due procedures as laid down in
these Guidelines have been followed.
(ii) Whether matching and placement of the child with PAPs is in the best interest of the child.
(6) After approval of the proposal by the NOC Committee, the NOC shall be issued in each case.
(7) CARA reserves the right to reject any case for inter country adoption which is not found
suitable by the NOC Committee by recording reasons for the same.
(8) The process for issue of NOC would be completed within a period of fifteen days from the
date of receipt of completed dossier in CARA.
(9) NOC shall be issued in accordance with Article 17 of the Hague Convention.
(10) A copy of the NOC issued by CARA shall be mailed to RIPA and a copy thereof to SARA or
ACA, AFAA or CA or concerned Government Department of the receiving country, as the case
may be.
33. Pre-adoption Foster Care.
(1) A child can be given in physical custody by the RIPA to the PAP(s) in pre-adoption foster
care only after issue of NOC by the CARA. (2) The adoption agency in India shall inform the
PAPs that such foster care shall have to continue till the final adoption order is issued.
(3) The child in foster care, shall under no circumstances, be returned to the adoption agency by
the PAPs for temporary care unless there is a disruption and the PAPs do not wish to go ahead
with the adoption.
(4) The Indian adoption agency before physically entrusting the child to PAPs shall inform them
that the adoption process may take more than the stipulated period, so as to enable the PAPs to
take an informed decision regarding taking the child in foster care.
(5) The PAPs shall not be allowed to take the child out of the city without the written permission
of the concerned Indian adoption agency.
(6) The PAPs shall be required to produce a certificate from either the mission in India of the
country of the nationality or the central authority of the receiving country permitting them to take
the child in foster care.
(7) The PAP(s) shall also be required to sign a foster care affidavit stating that they would not
leave the country without valid court order.
34. Filing of the Petition in the Competent Court.-
(1) Within five days of receipt of NOC from CARA, RIPA shall proceed to obtain a Court Order
for inter-country adoption of the child from the competent court in India.
(2) RIPA shall not file an application in the competent court for inter-country adoption without
“NOC” from CARA.
(3) Inter-country adoption of orphan, abandoned and surrendered children shall proceed under
the Act.
Note.-
a. In accordance with the directions of the Honourable Supreme Court of India in L.K.Pandey vs.
Union of India (WP No 1171 of 1982), the competent courts are to dispose off the case within a
maximum period of two months from the date of filing.
b. As each case for inter-country adoption is required to be processed by Child Welfare
Committee and State Government through the ARC and CARA, the competent court may, to the
extent possible, dispose of the case in the first hearing itself in the best interest of the child.
c. The RIPA shall forward a copy of the court order and the adoption deed to CARA, SARA orACA and AFAA or CA, as the case may be.
(4) On receipt of the Court Order, the CARA shall issue a Conformity Certificate (CC) under
Article 23 as per provisions of the Hague Convention as per Schedule-XIII.
35. Passport and Visa.-
(1) No orphan, abandoned, surrendered child who has been adopted shall be allowed to leave
India without a valid NOC from CARA.
(2) The RIPA shall apply for passport for the adopted child after the court order is received and
the application shall include documents mentioned in Paragraph 83(3) of these Guidelines.
(3) The date of birth of the child as mentioned in the court order would be taken as the date of
birth.
(4) The concerned authorities may expeditiously issue the passport and visa to enable the
adopted child to leave India with his or her adoptive parents to their habitual place of residence.
36. Child to travel with adoptive parents. -
The adoptive parent or parents shall have to come to India and accompany the child to their
country.
37. Progress Reports. –
The AFAA or CA or concerned Government Department of the country, as the case may be,
receiving the child shall keep CARA and concerned RIPA informed about the progress of
placement as per format provided in Schedule-XIV through quarterly post-placement reports
during the first year and half yearly reports during the second year of the child’s arrival in the
receiving country and such follow-up shall continue upto a period of two years after the child
acquires citizenship of the receiving country.
38. Timelines.-
All agencies and authorities involved in the adoption process shall adhere to the time limits
stipulated for in-country adoption as per Schedule -VIII.
39. Special Category of PAPs for Inter-country Adoption.-
Inter-country adoption by Indian nationals in countries where there is no AFAA or CA shall be
followed as under:-
(i) In the case of Indian nationals residing in a country where there is no AFAA or CA to sponsor
applications, CARA may allow an organisation or individual recommended by the concerned
Indian Mission to do the Home Study Report (HSR) and prepare adoption dossier which would
then be forwarded to CARA through the Indian Embassy or High Commission.
(ii) An official of the concerned Indian Mission may also prepare the HSR and adoption dossier
of the PAP(s).
(iii) The organisation or individual recommended by the concerned Indian Mission shall also be
required to give an undertaking to CARA to send progress reports for a period of two years
following legal adoption and also take action, as stipulated in these Guidelines, in case of
disruption of adoption or repatriation of adopted child.
40. Adoption by foreign nationals living in India. -
(1) In case of foreign nationals who are citizens of a country that has ratified the Hague
Convention and they have been living in India for one year or more, the PAP(s) shall approach
CARA along with a certificate of No-objection to the proposed adoption from the embassy or
mission of the country of their nationality.
(2) On receipt of the No Objection Certificate, CARA shall refer the case to a RIPA for carrying
out the Home Study and preparation of PAP(s)’ dossier.
(3) The procedures stipulated under these Guidelines for inter-country adoption shall be followed by the RIPA.
(4) In cases referred to in sub-paragraph (1), the Embassy or Missions in India of the country of
the nationality of the PAPs shall give an undertaking for post-adoption follow-up as stipulated in
Chapter IV of these Guidelines.
(5) In case, the PAPs continue to reside in India during the stipulated post-adoption follow-up
period, the concerned RIPA would undertake such follow-ups and report to the concerned
embassy or mission and CARA.
(6) The concerned embassy or mission shall also ensure that the adopted child acquires
citizenship of the country of his or her parents immediately after adoption decree and a copy of
the citizenship order shall be forwarded to CARA and the concerned RIPA.
41. Adoption by OCI living in India. -
(1) The OCI (s), who are citizens of a country that has ratified the Hague Convention and they
have returned to India and have been residing in India for more than one year, shall be eligible to
adopt a child following procedure of Inter-country adoption under these Guidelines.
(2) The PAP(s) shall approach CARA along with a certificate of No-objection to the proposed
adoption from the embassy or mission of the country of their nationality.
(3) On receipt of the certificate of No Objection, CARA shall refer the case to a RIPA for
carrying out the Home Study and preparation of PAP(s)’ dossier.
(4) The procedures stipulated under these Guidelines for inter-country adoption shall be followed
by the RIPA.
(5) In such cases, the Embassy or Missions in India of the country of the nationality of the OCI
shall give an undertaking for post-adoption follow-up as stipulated in Chapter IV of these
Guidelines.
(6) In case, the OCI continues to reside in India during the stipulated post-adoption follow-up
period, the concerned RIPA would undertake such follow-ups and report to the embassy or
mission and CARA
