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Chapter
2
Official
Links From Government
of India: Guidelines for adoption of Indian children.
Contains extensive information on: Role of Government of India,
List of Recognized Foreign Agencies for Adoption, Procedure
to be followed etc.
CHAPTER II : Role
of Government of India
2.1
In the Government of India all matters relating to adoption
shall be dealt within the Ministry of Welfare. The Central
Adoption Resource Agency (CARA) set up on 28-6-1990 under
the aegis of the Ministry of Welfare in pursuance of Cabinet
decision dated 9-5-1990 and when the Central Adoption Resource
Agency is set up under these guidelines, then such Central
Adoption Resource Agency shall deal with all matters concerning
adoption as specified hereinafter.
2.2
The Government of India, Ministry of Welfare shall, from time
to time, frame rules and guidelines and issue instructions
to State Governments, voluntary agencies and voluntary coordinating
agencies as well as to scrutinizing agencies to facilitate
and promote in-country adoption and to regulate inter-country
adoption of Indian children.
List
of Recognized Foreign Agencies for Adoption
2.3
The Central Adoption Resource Agency, shall maintain a list
of all recognized foreign agencies for adoption enlisted by
the Government of India. Copies of the lists of these agencies
shall be supplied by the Central Adoption Resource Agency
to the various High Courts in India, all the State Governments,
all recognized Indian agencies, all voluntary coordinating
agencies, all scrutinizing agencies and all Indian missions
abroad as well as all passport offices once every year.
List
of Recognized Indian Agencies for Adoption
2.4
The Central Adoption Resource Agency shall also prepare a
list of all recognized Indian agencies for adoption. It shall
publish once a year the list of these agencies operating in
each State in three leading newspapers having wide circulation
in the State, one in the English language, one in the Hindi
language and the third in the regional language of that State.
The list shall also be sent to all the High Courts in the
country for circulation to the District Courts in each State,
all the State Governments, all recognized Indian placement
agencies, all foreign enlisted agencies, all Indian Missions
abroad, all voluntary coordinating agencies and all scrutinizing
agencies.
Liaison
with Indian Diplomatic Missions
2.5
The Central Adoption Resource Agency shall maintain liaison
wit h Indian diplomatic missions abroad in order to safeguard
the interests of children of Indian origin adopted by foreign
parents against neglect, maltreatment, exploitation or abuse
and to maintain an unobtrusive watch over the welfare and
progress of such children, For this purpose, the Central Adoption
Resource Agency shall inform every Indian diplomatic missions
concerned whenever an Indian child is taken in adoption or
for the purpose of adoption, by foreign parents. The names,
addresses and other particulars of such children and their
adoptive/prospective adoptive parents shall be supplied to
the Indian diplomatic missions as early as possible and in
any case before the end of every quarter.
Meeting
of Agencies Involved in Adoption
2.6
The Central Adoption Resource Agency shall arrange every year
a meeting of all recognized placement agencies, voluntary
coordinating agencies and scrutinizing bodies for discussing
matters of mutual interest and such other matters as are considered
necessary and expedient.
Role
of the Central Adoption Resource Agency (CARA)
2.7
As per the directions of the Supreme Court of India in Writ
Petition (CRQ No. 117 1/82 and on the basis of a Cabinet decision
dated 9-5-1990, the Government of India in the Ministry of
Welfare vide Resolution No. 1-10/88-CH(AC) dated 28th June,
1990 published in the Gazette of India No. 166 dated 3rd July,
1990 has set up a Central Adoption Resource Agency (CARA)
to act as a clearing house of information in regard to children
available for in country and inter-country adoption and to
regulate, monitor and develop programs for the rehabilitation
of children through adoption.
Headquarters
and Regional Office of CARA
2.8
Central Adoption Resource Agency (CARA) shall have its headquarters
in New Delhi. Branches/Regional Offices of Central Adoption
Resource Agency (CARA) may, however, be set up at such places
as may be considered appropriate.
Central
Adoption Resource Agency
2.8A
The Central Adoption Resource Agency (CARA) shall function
under the overall policy guidance of a Steering Committee
consisting of the following:
(i)
Chairman (Non-Official).
(ii)
Secretary (CARA)--Member Secretary cum Executive Officer.
(iii)
One representative from Indian Council for Child Welfare
(parent body).
(iv)
One representative from Indian Council for Social Welfare
(parent body).
(v)
Four representatives of recognized placement agencies, one
from each region, doing at least more than 50 per cent in-country
adoption.
(vi)
One representative from among voluntary coordinating agencies.
(vii)
One representative from the Ministry of External Affairs.
(viii)
One representative from the Department of Women and Child
Development.
(ix)
One representative from the Ministry of Information and
Broadcasting.
The
tenure of the members representing recognized placement agencies
and voluntary coordinating agencies shall be for a period
of two years on rotational basis. On the expiry of the tenure,
the members shall not be eligible for renomination for the
next succeeding period of two years.
The
appointment of the Chairman would be in an honorary capacity.
The Member Secretary cum Executive Officer of Central Adoption
Resource Agency (CARA) would be an official of the rank of
Deputy Secretary/Director in the Government of India who would
enjoy a reasonable tenure, preferably five years.
2.9
The Central Government may pay to the Central Adoption Resource
Agency (CARA) such sums of money as may be considered necessary
for the performance of its functions under this Resolution.
2.
10 The accounts of the Central Adoption Resource Agency (CARA)
shall be maintained and audited in such manner as may, in
consultation with Comptroller and Auditor-General of India,
be specified by the Central Government.
2.
11 The Central Adoption Resource Agency (CARA) shall, subject
to the approval of the Central Government, frame its own regulations
and bye-laws for discharging its functions in consonance with
its aims and objectives.
2.12
The Central Adoption Resource Agency (CARA) shall have the
power to constitute a Committee which will exclusively look
into matters pertaining to promotion of in-country adoption
and advice CARA on suitable policies and programs for this
purpose.
Functions
of CARA
2.13
The functions of the Central Adoption Resource Agency (CARA)
shall be as follows:
(1)
To act as a clearing house of information in regard to children
available for inter-country adoption as well as for in-country
adoption;
(2)
To receive applications or copies of applications alongwith
requisite documents (as prescribed by the Supreme Court
of India in CRL (WP) 1171/1982 in the matter of Shri Laxmi
Kant Pandey vs. Union of India and others) of foreigners
desirous of taking Indian children in adoption through a
recognized social or child welfare agency in the foreign
country or through an organization owned or operated by
the Government in that country.
(3)
Whenever such applications are received directly by Central
Ad6ption Resource Agency (CARA) to forward such applications
to one of the Indian social or child welfare agencies recognized
by CARA for processing applications of foreign parents for
adoption in the competent court;
(4)
To receive names and particulars of children available for
adoption who are under the care of Indian social or child
welfare agencies recognized by CARA and to maintain a register
containing the names and other particulars of such children;
(5)
To receive periodical data from all Indian social or child
welfare agencies recognized by CARA about the children admitted
to their Children's Home and the Children given in adoption
in-country as well as inter-country in a proforma prescribed
by CARA;
(6)
To monitor and regulate the working of Indian social or
child welfare agencies recognized by CARA consistently with
their independent and voluntary functioning;
(7)
To inspect Indian social or child welfare agencies recognized
by CARA and to report to the Central Government on the working
of such agencies;
(8)
To call for annual audited statements of account from Indian
social or child welfare agencies recognized by CARA;
(9)
To receive data from competent courts about children whose
guardianship has been awarded in favor of foreign adoptive
parents and/or who have been adopted by Indian nationals,
both residents and non-residents;
(10)
To send periodical data to Indian's Diplomatic Missions
abroad in a proforma prescribed by CARA in respect of Indian
children taken abroad;
(11)
To receive periodical reports about the children taken by
foreign parents for the purpose of adoption in a proforma
prescribed by CARA from all recognized social or child welfare
agencies in foreign countries through India's Diplomatic
Mission in the country where such agency is located;
(12)
To obtain Periodical Progress reports of children from foreign
adoptive parents as well as from recognized social or child
welfare agencies in foreign countries, to examine such reports
and to take such follow-up action as deemed necessary;
(13)
To organize and arrange periodical meetings of VCAs working
in the field of adoption for discussing matters of common
interest.
(14)
To arrange sponsorship of children through community support
by means of publicity and awareness programs;
(15)
To mobilize community opinion and community resources in
furtherance of adoption of children in the country itself
and take all other measures necessary for the promotion
of in-country adoption of children as well, as welfare of
children generally;
(16)
To arrange training programs for social workers and others
engaged in child welfare activity specially in the rehabilitation
of children by means of adoption, and also to bring about
standardization of training courses conducted by the voluntary
agencies;
(17)
To assist the courts to cross-check or re-verify the information
furnished to them by various sources including the placement
agencies and scrutinizing agencies or to provide an independent
advice in matters relating to adoption of children;
(18)
To initiate action on any other activity relating to adoption
of children within the country and abroad.
Procedure
to be followed
2.14
After careful consideration the Supreme Court of India has
laid down that the following requirements should be insisted
upon so far as a foreigner wishing to take a child in adoption
is concerned. Every application from a foreigner desiring
to adopt a child must be sponsored by social or child welfare
agency recognized or licensed
by
the Government of the country in which the foreigner is resident
and enlisted by CARA, Ministry of Welfare, Government of India.
No application by foreigner for taking a child in adoption
should be entertained directly by any social child welfare
agency in India working in the areas of inter-country adoption
or by any institution or center or home to which children
are committed by the Juvenile Court.
The
original application alongwith original documents as prescribed
by the Supreme Court of India would be forwarded by the foreign
enlisted agency to a recognized placement agency in India.
The foreign enlisted agency shall also send a copy each of
the application as well as all the prescribed documents including
Home Study Report enclosed with it to the Central Adoption
Resource Agency (CARA) duty Notarized by Notary Public whose
signature would be duly attested either by an officer of the
Ministry of External Affairs or Justice or Social Welfare
of the country of a foreigner or by an Officer of the Indian
Embassy or High Commission or Consulate in that country. A
list of required documents is given at Annexure 'A'. The Home
Study Report being a crucial document should broadly include
the following information:
(a)
Social Status and family background;
(b)
Description of Home;
(c)
Standard of living as it appears in the Home.
(d)
Current relationship between husband and wife;
(e)
Current relationship between the parents and children (if
any children);
(f)
Development of already adopted children (if any).
(g)
Current relationship between the couple and the members
of each other's family;
(h)
Employment status of the couple;
(i)
Health details such as clinical test, hear condition, past
illness etc. (medical certificate etc.)
(j)
Economic status of the couple;
(k)
Accommodation for the child;
(l)
Schooling facilities;
(m)
Amenities in the Home;
(n)
Reasons for wanting to adopt an Indian child;
(o)
Attitude of grant-parent and relatives towards Adoption;
(p)
Anticipated plans for the adoptive child;
(q)
Legal status of the prospective adoptive parents.
The
sponsoring agency should carefully get the Home Study Report
prepared by the professional social worker broadly on the
basis of the above information.
The
receipt of the original application as well as original documents
would not entitle the placement agency to proceed with the
case. It can proceed only after getting 'NO OBJECTION CERTIFICATE'
from the Central Adoption Resource Agency (CARA), Ministry
of Welfare.
Therefore,
no recognized placement agency can process the application
in the competent court for inter-country adoption without
having "NO OBJECTION CERTIFICATE" issued by the Central Adoption
Resource Agency (CARA), Ministry of Welfare, Central Adoption
Resource Agency shall however ensure that such certificate
should as far as possible be issued within a reasonable period
of time say 5 weeks from the date of receipt of the certified
copies of the application and other documents from them. In
case Central Adoption Resource Agency (CARA) rejects the application,
it may specify the reasons for such refusal to the Indian
recognized placement agency.
After
the receipt of the original application and original documents
from the enlisted foreign agency by the recognized Indian
placement agency, the concerned placement agency will register
the name of the prospective foreign parents in the register
meant for them. The recognized placement agency shall carefully
examine the Home Study Report of the prospective foreign adoptive
parents and start the exercise in maching the Home Study Report
with the Child Study Report. When they arrive at the conclusion
that a child can be placed with that particular family then
they will have to ensure that the concerned child is cleared
by the VCA for inter-country adoption. Thereafter the recognized
placement agency will send the Child Study Report, the photograph
of the child and the medical report to the sponsoring foreign
agency for the approval of the prospective adoptive parents.
After obtaining the approval of the child by the prospective
adoptive parents the concerned recognized placement agency
will apply to CARA for getting a clearance of the child. At
this stage, Central Adoption Resource Agency (CARA) shall
have to ensure that the recognized placement agency has put
in adequate efforts for finding an Indian family for the said
child, and the clearance by the VCA to that effect is also
enclosed. CARA after going through the information furnished
by the recognized placement agency and VCA will immediately
give the clearance to the agency. The recognized placement
agency thereafter will process the case with the competent
court for awarding the guardianship of the child to the foreign
prospective adoptive parents. At this stage the scrutinizing
agency has to scrutinize all the documents and advise the
competent court that the said inter-country adoption is in
the best interest of the child. The competent court within
the stipulated time as laid down by the Supreme Court of India
awards the guardianship of the child to the foreign parents.
On the basis of the Guardianship order of the court, the recognized
placement agency is to apply in the Regional Passport Office
for obtaining an Indian Passport in favor of the child. Thereafter
the visa issued by the concerned Embassy/ High Commission
of the concerned country for the child. The child leaves the
country alongwith the prospective adoptive parents or with
the escort, whatever the case may be to the country of prospective
adoptive parents i.e. child's future country of residence.
The
requirement of obtaining "NO OBJECTION CERTIFICATE" from Central
Adoption Resource Agency will also apply in case of handicapped
children, children needing urgent medical attention which
the social or child welfare agency looking after the child
cannot provide within the country, siblings and also children
above the age of 6 years. The recognized placement agency,
soon after the admission of such child without waiting for
locating foreign prospective adoptive parents, shall make
an application alongwith information of such child to CARA
for issue of "NO OBJECTION CERTIFICATE". CARA shall ordinarily
issue "NO OBJECTION CERTIFICATE" in case of handicapped/special
needs children etc., within a period of one week from the
date of receipt of information of such child from the Indian
recognized placement agency. Simultaneously, the recognized
Indian placement agencies would be allowed to send the referral
of such children to foreign agencies of its choice and after
the approval of the child by any foreign parents the concerned
placement agency could follow the procedure as laid down in
the judgment of the Supreme Court of India. At this stage
the scrutinizing agency should carefully examine all the documents
furnished by the foreign agencies in this regard and advise
the competent court in coming to the conclusion whether it
would be in the interest of the child to be given in adoption
to the foreigner. However, the recognized Indian placement
agency shall obtain a certificate in this regard from the
concerned Chief Medical Officer of the Government hospital
prior to processing the case concerning to handicapped children
and the children needing urgent medical attention for record.
Details of such children together with a copy (each) of the
certificate(s) issued by the CMO, where required, shall be
sent at the end of each month to CARA by the concerned Indian
placement agency.
2.
15 Where there is no recognized foreign agency in any country,
the concerned Government Department/Ministry of that country
may forward the applications and related documents of the
prospective adoptive parents to CARA. CARA will examine and
send those papers to the recognized Indian placement agencies
indicated in the application or, if there is no such indication,
then to any of the recognized Indian placement agencies for
further processing the case. The procedure to be adopted thereafter
shall be the same as indicated in the fore-going paragraph.
The
procedure for inter-country adoption at a glance may be seen
at Annexure 'B'.
2.16
The recognized placement agencies should provide to the Central
Adoption Resource Agency a list of the enlisted foreign agencies
with which they are working or proposing to work. Where any
application is originally received by the Central Adoption
Resource Agency from a recognized foreign agency/Govt. Department
or an Indian agency or Indian parents, the Central Adoption
Resource Agency would on the basis of information available
to it, send the application to any placement agency for processing
it bearing in mind the operational relationship, if any, between
the foreign agency and any particular placement agency. If
the placement agency is unable to entertain such case, it
shall promptly inform the Central Adoption Resource Agency
giving reasons for not accepting the request. The Central
Adoption Resource Agency may thereafter either send such case
to any other recognized placement agency or even return the
application to the foreign source.
2.17
The placement agencies must at the end of every quarter provide
information on the number of children given in in-country
adoption, the number given in inter-country adoption and the
number awaiting adoption, to the Central Adoption Resource
Agency.
Requirement
before the Court
2.18
Where an application is made to the Court by the parents proposing
to take a child in adoption or by a placement agency on behalf
of such parents for appointment of such parents as guardians
of the child with a view to taking the child in adoption,
the certificate of no objection by the Central Adoption Resource
Agency shall be produced alongwith the application and if
no response has been made by the Central Adoption Resource
Agency to the application for taking the child in adoption,
within the time limit specified in these guidelines, the application
shall be accompanied by an affidavit to be made by the placement
agency stating that the requirements of the guidelines have
been fulfilled in regard to obtaining certificate of no objection
from the Central Adoption Resource Agency.
Source: Embassy
of India
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