Apart from the resident Indians, the liberty to adopt a child from India is enjoyed by Non-resident Indians as well. Here, it is quite noteworthy that no discrimination in terms of priority is done between prospective adoptive parents from India and abroad. Eligibility requirements remaining the same, the procedure for the adoption of a child by the Non-resident Indians is as below:
Registration process for prospective adoptive parents for inter-country adoption:
- Those Non-resident Indians who are residing in a country which happens to be a signatory to The Hague Adoption Convention can approach either the Authorised Foreign Adoption Agency or the concerned Central Authority with their willingness to adopt a child from India. This would ensure the preparation of their Home Study Report as well as their registration in with the Government Portal set up for initiating the Adoption process.
- However, if there is a lack of an Authorised Foreign Adoption Agency or Central Authority in their resident country, then the prospective adoptive parents are free to approach either the Indian diplomatic mission or the Government department meant in that particular country for the purpose.
- The eligibility of the prospective adoptive parents for adopting a child would be verified by the Authorised Foreign Adoption Agency or Central Authority or the Government department or the Indian diplomatic mission responsible for the same. Once the eligibility gets confirmed, the Home Study Report of the prospective adoptive parents is completed and their application for adopting a child from India is registered in Child Adoption Resource Information and Guidance System in compliance with the format along with supporting documents as listed in Schedule VI.
- The calculation of the age of the prospective adoptive parents shall be done from the date of their registration and the uploading of the essential documents in the Government portal.
- Thereafter, the prospective adoptive parents are required to reserve either of the two referred children within ninety-six hours, following which the other child would automatically be withdrawn from among the available options.
- If the prospective adoptive parents do not proceed to choose any of the two referred children within ninety-six hours, then the profiles of both the children would get automatically withdrawn.
- The respective preferences of the prospective adoptive parents would also be given weightage while considering the referrals for them.
- After reserving one of the referred children, the prospective adoptive parents would be required to formally assent to accepting the child by signing the Child Study Report and Medical Examination Report of the child within thirty days of reservation.
- The Specialised Adoption Agency is responsible for sharing the Child Study Report, Medical Examination Report and the child’s photograph with the Authorised Foreign Adoption Agency or Central Authority or the concerned Indian diplomatic mission.
- Here, it is extremely important to note that if the prospective adoptive parents are unable to accept the reserved child within the span of thirty days, then, the child’s profile stands cancelled, apart from the lowering of the seniority of the prospective adoptive parents in the list. However, on condition that their Home Study Report remains valid, they shall be provided with another opportunity to reserve and accept a child when their turn arrives.
- Prior to legally adopting the child, if the prospective adoptive parents wish to see the child personally at the Specialised Adoption Agency, they may do so once their adoption application has been sanctioned by the Authority. If the prospective adoptive parents so desire, they may choose a medical practitioner of their choice to get the child’s Medical Examination Report assessed.
- All the inclusive documents of the Home Study Report are required to be authenticated. Also, in cases of countries ratified under Hague Adoption Convention, the signature of the notary is to be apostilled by the receiving country’s concerned authority.
- In the event that the documents happen to be in any language apart from English, then it is mandatory that the originals of the same be accompanied by its translated version in English. This translated copy should be duly attested by the concerned agency or authority carrying out attestation or apostille in the resident country of the prospective adoptive parents.
Issuing of No Objection Certificate and pre-adoption foster care:
- The concerned Authority will be responsible for issuing a No Objection Certificate in favour of the respective adoption in accordance with the format at Schedule X. The issuing of the same is done within ten days from the date of receipt of the affirmation of the child by the prospective adoptive parents as well as the approval letter as per Article 5 and Article 17 of The Hague Adoption Convention. The issuing of the No Objection Certificate would also be uploaded in the Government portal, apart from being endorsed to all concerned.
- Once a No Objection Certificate has been issued by the Authority, even if the court order remains pending, the prospective adoptive parents are allowed to take the child in pre-adoption foster care temporarily in India. This can, however, only be done by producing an oath to the Specialised Adoption Agency in the format prescribed.
- Following the issuing of the adoption order from the concerned court, the final custody of the child shall be received by the prospective adoptive parents soon after a passport and visa in the child’s name gets issued.
The granting of the ‘Guardianship Rights’ is mandatory for the child in order to be able to emigrate with the NRI out of India. By complying with the aforementioned procedure, NRIs can avoid getting entangled in legal complications, which will automatically speed up the process of adoption for NRIs.