In-Country Adoption Law India

INTER-COUNTRY ADOPTION INDIA.

If the prospective adoptive parents are international residents and wish to adopt an Indian child then the process gets more intricate and thus at times it’s nature gets controversial. For some people the question about why Indian children must be given for foreign adoption is beyond simple understanding, the reason being that adoption is still a taboo in India as Indians are yet to open about this adoption concept. However, the situation is reverse in foreign countries as they have lesser kids for adoption.

Apart from other complications there had been instances where it was reported that the adoptive children were ill-treated and at times even for prostitution. Keeping in mind all these complexities the Supreme Court has laid down certain guidelines that have to be met while handling foreign adoptions.

 

When a foreign national adopts an Indian child it is done under the provisions of Guardian and Wards Act, 1890 and by the virtue of it the Indian court will appoint the foreign adoptive parent as the child’s guardian and after taking the child to his own country the guardian has to legally adopt the child according to the laws of his own country.

 

Reviewing the competency of the application by the foreign national for adoption is generally carried by a Social or Child Welfare Agency licensed or recognized by the government of the country in which the foreigner resides and must sponsor every application of a foreigner for adoption of an Indian child.

 

 

A Home Study Report is to be prepared by the agency appointed professional social worker which indicates the basis of sponsorship of the foreigner’s application. The Home Study Report includes:

 

The applicant’s family background,

1.marital status,

2.his education and employment history,

3.his financial status and dwelling conditions,

4.his health profile,

5.information about other offspring, if any, and

6.references

 

based on all these findings the agency will then determine whether the applicant is suitable for the said adoption or not and also that whether he and has the capacity to parent a child coming from a different racial and cultural milieu and whether the child will be able to fit into the environment of the adoptive family and the community in which it lives.

 

The required documentation for adoption cases dealing in foreign nationals is as follows:

The prospective adoptive parent(s) have to submit the required supporting documents along with their application like a recent family photograph, his marriage certificate, a declaration of the applicants’ physical fitness duly certified by a medical doctor, a declaration of the applicants’ financial status with corroborating documents such as an employment certificate, income-tax returns, bank references, and particulars of property owned by them.

 

Another important annexure to the application is a declaration of willingness. This document will state that the foreigner is willing to be appointed as the child’s guardian.  He will also have to furnish an undertaking that he will adopt the child in accordance with the law of the country in which he resides at the earliest, but not later than two years from the date of the child’s arrival in his country.  The applicant must also declare that he will maintain the child and provide it with necessary education and upbringing according to their status. The foreign national is also required to sign an undertaking that states that he will send the Indian agency and the court a progress report and a photograph of the child monthly in the first year, quarterly in the second year, and half yearly up to five years. In addition, the foreigner is expected to sign a power of attorney in favour of an officer of the Social or Child Welfare Agency in India so that the officer can process the case.

 

All the certificates, declarations and documents that are attached to the foreigner’s application are required to be duly notarized by a Notary Public. The notary’s signature, in turn, will have to be duly attested either by an officer of the Ministry of External Affairs or Justice or Social Welfare of the country of which the foreigner is a resident. An officer of the Indian Embassy or High Commission or Consulate in that country can also attest the notary’s signature.

Role of the foreign welfare agency is also crucial. The Social and Child Welfare Agency sponsoring the application of the foreigner must certify that the foreigner seeking to adopt a child is permitted to as per the laws of his country. The agency must undertake to ensure the adoption of the child by the foreigner according to the law of his country within a period of two years. Once the adoption procedure is complete, it is the duty of the agency to send two certified copies of the adoption order to the Social and Child Welfare Agency in India through which the application for guardianship was processed. One copy of the adoption order will have to be filed in court and the other will remain with the Indian agency for their records. The agency sponsoring the guardianship application must also agree to send progress reports of the child to the Indian agency. These reports will be quarterly in the first year and half yearly in the following years till the adoption has been effected. The foreign agency will also have to undertake that in the event of the disruption of the adopting family before the completion of the adoption procedure, it will take care of the child and find a suitable alternative placement for it with the approval of the Indian agency. In the case of an alternative placement becoming necessary, this development will be reported to the court handling the guardianship proceedings and this information will be passed on by the court and the Indian agency to the Secretary, Ministry of Social Welfare, Government of India, New Delhi