In our society, adoption is seen as a noble pursuit, and for good reason. It should be simple to provide a child a nice existence that is only for their benefit. However, there are several obstacles, especially for NRIs. The procedure is difficult and uncommon with administrative and legal difficulties.
The major inconveniences arise due to the adoption-related laws in India.
- The Guardians and Wards Act, 1890 (GWA): This legislation forbids non-Hindus from adopting children in India. Hopeful Muslims, Christian, Jewish, and Parsi individuals have to face great disappointment due to this Act.
- Hindu Adoption and Maintenance Act, 1956 (HAMA): This law is considered more “liberal” than the prior. However, yet again, Muslim, Christian, Jewish, and Parsi individuals are excluded from the category of potential adoptive parents. If you are a Hindu, Sikh, Buddhist, or Jain, you may adopt a child of either sex or two children of different sexes.
If the legal requirements are met, they should concentrate on the Central Adoption Resource Authority (CARA) as the next step. The main organisation in charge of all policies and processes pertaining to the adoption of Indian children is CARA. They control all domestic and international adoptions of Indian children.
If you meet the requirements for CARA, The adopting parent must contact the registered international adoption agency in their country.
Once the adopting parents met the requirements for eligibility, CARA will finally pair you up with a kid in India.
The following documents are essential for the process of adoption in India:
- When you have gathered all the necessary paperwork, you may submit your application to the Consular Wing of the Indian Embassy, High Commission, Commission, or Consulate in your nation. The paperwork and certifications will be attested here.
- Government regulations demand that NRI parents visit India in order to complete the necessary procedures and finally pick up their kid or children.
- In order for the child to immigrate with you, the adoption decree is insufficient. Under the Hindu Minority Guardianship Act of 1956, must apply for guardianship rights. After that, in order to complete the necessary paperwork for the visa will need to apply for a passport for the child.
- The adopting parents must next contact the embassy or high commission of their home country to make arrangements for the child’s immigration to his or her new place of residency after gaining guardianship rights and the adoption document.
- Usually, this procedure is laborious and challenging. However, this completes the procedure.
Criteria for eligible children:
- The child must be legally free for adoption.
- Clearance from ACA/State Government is mandatory for all children except wherever exempted under the Guidelines.
- Siblings cannot be separated except in exceptional cases.
- Two unrelated children cannot be proposed to a foreign family at a time.
- A child may be possible be placed in adoption before it reaches the age of 12.
- The consent of the child has to be obtained wherever applicable
Conclusion:
NRIs should be aware that even after the adoption procedure is through, CARA will continue to get information on the welfare and development of the kid. Any adjustment issues or allegations of carelessness will be dealt with swiftly and harshly. In exceptional circumstances, officials may even pay a visit to a person’s home.
Bhavesh Jangra – Legal Associate