A couple of foreign origin looking at adopting an Indian child needs to follow some fairly lengthy guidelines laid down by the Supreme Court of India.
Procedure to be followed
- Every application from a foreigner must be sponsored by a social or welfare agency recognised or licensed by the government of his country and enlisted by Central Adoption Resource Agency (CARA), Ministry of Welfare, Government of India.
- No application by a foreigner can be directly entertained by a social or welfare agency in India working in the areas of inter-country adoption or by an institute or centre or home to which children are committed by the Juvenile Court.
List of documents to be submitted by the foreigner
- A Home Study Report of the foreign adoptive parent prepared by a professional worker.
- Recent photographs of the adoptive family.
- Marriage certificate of the adoptive parents.
- Declaration concerning health of the adoptive parents.
- Certificate of medical fitness of the adoptive parents issued by a medical practitioner.
- Declaration regarding financial status of foreign adoptive parents along with supporting documents including employer’s certificate, where applicable.
- Income Tax Assessment order of foreign adoptive parents.
- Bank references.
- Particulars of the properties owned by the adoptive parents.
- Declaration from adoptive parents stating willingness to be appointed guardian of the child.
- Undertaking from the social or child welfare agency sponsoring the foreigner to the effect that the child would be legally adopted by the foreign adoptive parents according to the law of the country within a period not exceeding two years from the time of arrival of the child and as soon as the adoption is effected. Social or child welfare enlisted agency will send three certified copies of the adoption order each, to the social or child welfare agency in India through which the application for guardianship is processed and one copy to CARA.
- Undertaking by the foreign adoptive parents that the adopted child would be provided necessary education and a sound upbringing according to their financial status.
- Undertaking by the social and child welfare enlisted agency that reports the progress of the child alongwith his/her recent photograph would be sent quarterly during the first two years and half yearly for the next three years in the prescribed proforma though Indian Diplomatic Missions abroad.
- Power of Attorney from foreign adoptive parents in favour of officers of the social or welfare agency in India that will be required to process the case and such Power of Attorney authorises the Attorney to handle the cases on behalf of the foreigner who is not in the position to come to India.
- Certificate from the enlisted social or child welfare agency sponsoring application of the foreigner to the effect that adoptive parents are permitted to adopt a child according to the law of their country.
- Undertaking from the social or child welfare enlisted agency to the effect that in case of disruption of the family of the foreigner, before legal adoption has been affected, it will take care of the child and find suitable alternative placement with the approval of CARA. After this it will report alternative placement to the concerned court handing guardianship proceeding in the foreign country. The court shall pass on such information to CARA.
- Undertaking from the social or child welfare enlisted agency that it will reimburse all expenses to the concerned Indian social or child welfare agency as fixed by competent court towards maintenance of the child and processing fees.
