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Chapter
4
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
IV: ROLE OF RECOGNIZED INDIAN AGENCIES FOR ADOPTION
Listing
with Authorities
4. 1 Every
institution and child welfare agency engaged in care and custody
of children or in adoption work or any other activity related
to orphan, abandoned, destitute, neglected or relinquished
children shall immediately be listed by the concerned State
Government and such list shall be forwarded to CARA.
Only Recognized
Agencies could undertake Adoption.
4. 2 (i)
No agency shall engage in placement of or promotion of in-country
adoption unless the State Government recognizes it and in
case of agency engaged in placement work, it should be a child
welfare agency. Any Indian agency desirous of undertaking
inter-country adoption work shall apply for recognition to
the Central Adoption Resource Agency, the State Government
concerned and only such agencies as are recognized by the
Central Adoption Resource Agency, shall be entitled to undertake
inter-country adoption work. Such agencies shall be termed
"recognized placement agencies" of adoption. The
agencies, which are not doing placement work but are involved
in promotional work of Indian adoption, shall also be recognized
by CARA.
(ii) No
agencies except those recognized by the State Government concerned
shall engage in in-country adoption. Rules and guidelines
for this purpose may be formulated by the State Government.
Emphasis
on Child Welfare
4.3 Only
such voluntary agencies as are primarily engaged in child
welfare programs for the growth and development of children
and which undertake adoption as a part of their total activities
may apply for recognition for inter-country adoption to the
Central Adoption Resource Agency.
List
of Prospective Adoptive Parents
4.4 Every
social child welfare organization recognized for placement
work in adoption shall regularly maintain a list of all prospective
adoptive parents containing their names, addresses and data
on the basis of which they have approached the organization
for taking a child in adoption and other relevant details.
Priority
to In-country Adoption
4.5 When
a recognized Indian agency receives a child its first responsibility
is to trace the biological parents and restore the child to
them failing which as far as possible to place the child in
adoption with Indian families. It would be desirable that
an Indian recognized placement agency should place annually
more than 50 per cent of the total number of children given
in adoption with Indian families. However, the handicapped
children, children above 6 years of age and siblings will
be excluded from this calculation. The placement agencies
are required to adhere the following order of priority while
considering the adoption of Indian children:
1. Indian
families in India.
2. Indian families abroad.
3. One parent of Indian origin abroad.
4. Totally foreign.
Every
recognized placement agency shall also give full details of
the child to the prospective adoptive parents except the names
and addresses of the biological parents, where known to the
agency. It is only when all efforts to place the child within
the country fail then the child would be cleared for inter-country
adoption. These efforts should include contracting the VCA
within the area of operation. A clearance certificate should
be taken from VCA in this regard. Such clearance certificate
shall be given by VCA. If within 60 days from the date the
application to VCA, VCA is unable to send suitable Indian
parents who are willing to take the child in adoption, intimation
of making of the application to VCA shall be given to the
Central Adoption Resource Agency forthwith. The Central Adoption
Resource Agency will prepare a uniform proforma for clearance
certificate to be issued by all voluntary coordinating agencies.
4.6 Adoption
of Indian children placed with Indian living abroad will be
treated as in-country placement. However, such Indian would
have to follow the same procedure of sending their applications,
documents etc. through an enlisted foreign agency in that
country as in the case of inter-country adoption.
Record
of Promotion Efforts
4.7 Every
recognized agency shall keep a complete record in chronological
order of the efforts made by it for locating an Indian parent
for the adoption of a child and shall specifically note the
reasons for any case of non-placement of a child in in-country
adoption with any particulars of Indian parents.
Case
History
4.8 Every
recognized Indian placement agency shall maintain a separate
file for each child with the child's complete case history.
Quarterly
Data to be furnished to Authorities
4.9 Every
recognized Indian placement agency shall furnish quarterly
data to the Government of the State in which the agency is
operating and a quarterly statement to the Central Adoption
Resource Agency, in such proforma as may be prescribed by
Central Adoption Resource Agency in respect of children given
to Indians and others for adoption from time to time.
Intake
of Children
4.10 All
children admitted by a recognized agency should be entered
in the admission register with all the available information
in the format prescribed by the Central Adoption Resource
Agency.
4.11 In
the case of an abandoned child not received through Juvenile
Welfare Board/Juvenile Court as the case may be or through
direct relinquishment by biological parents, a first information
report (FIR) should be filed by the concerned agency in the
local police station within 24 hours of arrival of the child
at the recognized agency's children's home. The nearest Juvenile
Welfare Board or where it does not operate, the Juvenile Court
or the District Collector should also be notified within 24
hours of arrival of the child at the agency's children's home.
4.12 The
recognized agency should ensure that medical examination of
the child is conducted within 24 hours of its arrival and
appropriate treatment given where necessary.
Surrender
of a Child
4.13 In
the case of surrender of a child, the biological parents/
parent should be counseled and duly informed by the agency
concerned of the effect of their consent for adoption and
the alternative available for the care and maintenance of
the child.
4.14 The
surrender document should be executed at the freewill of the
biological parents/parent with no compulsion, payment or compensation
of any kind on the part of the agency. If the biological parents
state a preference for the religious up-bringing of the child,
their wish should be respected as far as possible. But ultimately
the interest of the child alone should be the sole guiding
factor before the child is placed in adoption.
4.15 The
parents/parent should be informed by the agency of his/her/their
right to reclaim the child within 90 days from the date of
surrender. He/She/They should be made aware that after the
period of 90 days relinquishment deed will become irrevocable
and the agency will be free to place the child in adoption
or guardianship within or outside India.
4.16 Wherever
possible the surrender document should be executed on stamped
paper in the presence of two responsible witnesses whom the
recognized agency should be able to produce, if necessity
arises. The responsibility for the authenticity of the surrender
document would be on the agency.
During
the surrender process, the recognized Indian placement agency
should ensure that:
(i)
If a legitimate child is surrendered, both parents sign
the relinquishment document and in case one of the parents
is dead, proof of death is furnished.
(ii)
In case of a child born out of wedlock the mother herself
and none else, surrenders the child.
(iii)
If the surrender is effected by any person other than the
biological parents/parent, the same procedure is followed
as for an abandoned child.
Destitute
or Abandoned Child
4.17 If
a child is found abandoned or is picked up as a destitute
then the procedure of going through the Juvenile Welfare Board/
Juvenile Court or the Social Welfare Department or the Collector
would have to be adopted. As soon as an abandoned or destitute
child is found by a social or child welfare agency or a nursing
home or hospital or the police or anyone else a report should
immediately be lodged with the local police station alongwith
a photograph of the child. The Collector of the District must
be informed who in turn must immediately inform the nearest
recognized agency and VCA. The Inspector-General of Police,
or the Commissioner of Police, as the case may be, should
instruct every police station within his jurisdiction to immediately
undertake an inquiry for the purpose of ascertaining and tracing
the parents of the child in respect of which the report is
made and such inquiry must be completed within one month of
the report being lodged with the police station. Meanwhile,
the social or child welfare agency which has found the abandoned
or destitute child may make an application to the Juvenile
Welfare Board and where it is not functioning, then the Juvenile
Court or to the Social Welfare Department or the Collector,
as the case may be, for a release order declaring that the
child is legally free for adoption. Since the report of the
enquiry to be made by the police has to be completed within
a period of one month, it should be possible for the Juvenile
Court or the Social Welfare Department or the Collector to
make a release order declaring the child legally free for
adoption within a period of six weeks from the date of making
of the application in the case of children below the age of
two years and three months, in the case of children above
that age.
Birth
Certificate
4.18 Every
child must have a birth certificate. For issuing a birth certificate
in respect of an abandoned or destitute child, the registration
of whose birth is not available, the agency concerned must
make an application to the local Magistrate alongwith any
other material which the agency considers relevant in the
form of an affidavit made by a responsible person belonging
to the agency. The local magistrate will then pass an order
approving the particulars to be entered in the birth certificate
and on the basis of the magisterial order, the requisite certificate
will be issued by the local birth certificate issued authority
of the city/town/area where the child has been found. The
Chief Medical Officer of the district may be involved in the
enquiry for ascertaining age. The Magistrate would ordinarily
act on the certificate granted by the Chief Medical Officer.
This process would be initiated only after the adoption is
finalised, so that the particulars of the adoptive parents
are available for inclusion in the certificate. In case the
child has attained the age of three, and the adoption has
still not been finalized, the agency may obtain a birth certificate,
if it is found necessary, after informing the court in the
form of an affidavit:
(a)
that to the best of its knowledge the child has attained
the age of three years;
(b)
that his/her adoption has not been finalised and is likely
to take some time or may never be finalized in all probability;
(c)
that a certificate is required for educational/medical/legal
purposes or any other reasonable purpose which may be specified;
and
(d)
that person/persons would stand in as local parents to the
child (this person/these persons should be a responsible
person/responsible persons belonging to the placement agency)
till such time as he/she attains majority, or is adopted,
whichever is earlier.
In such
cases a second birth certificate may be issued after adoption
to provide for a change in the name/names of the child and
the adoptive parent/parents after obtaining an order to that
effect from the court which had passed order for issuing the
original birth certificate.
Reporting
4.19 A
quarterly statement on child available for guardianship/ adoption
in the format prescribed by CARA should be furnished to the
appropriate authority in the State Government/U.T. Administration
and CARA and every month to the VCA concerned.
Procedure
for Adoption
4.20 No
child should be offered for adoption:
(a)
In the case of abandoned children until the Juvenile Welfare
Board/Juvenile Court, the Collector or the District Magistrate
or the Department of Social Welfare declares the child legally
free for placement.
(b)
In the case of surrendered children, till the three months
period for reconsideration by the parent is over.
(c)
In the case of a child who can understand and express without
his/her consent.
Role
of the Placement Agencies
4.21 In
the case of surrendered children, after 3 months time for
reconsideration, the placement agencies should make all efforts
within 45 days to place the child with Indian parents in the
country. But in case of destitute or abandoned child, the
placement agency after getting a releasing order declaring
the child legally free for adoption from the competent authority,
should make all the efforts to place the child within the
country within a period not exceeding seven weeks from the
date of releasing order which include one week time for reconsideration
of the biological parents, if traced.
4.22 If
the Recognized Placement Agency is not able to find a suitable
Indian family within the country, it will give all the details
of the child to the voluntary coordinating agency wherever
it exists. The information must include details of admission,
medical history, legal status, photograph and efforts made
to find families in the country. The officers of the VCA shall
be permitted to visit and see the child, as and when necessary.
4.23 Where
there is a VCA maintaining a register of children available
for adoption as also a register of Indian adoptive parents
who want to take a child in adoption. VCA will immediately
contact the Indian family which is on its register as prospective
adoptive parents and inform them that a particular child is
available for adoption. If, within a period of two months,
the child is not taken in adoption by an Indian family, it
should be regarded as available for inter-country adoption.
The possibility of inter-State adoption in India and inter
VCA coordination should also be exhausted before a child is
offered for inter-country adoption. The first priority in
inter-country adoption should be given to Indians residing
abroad and, if no such Indian family is available, then to
adoptive couples where at least one parent is of Indian origin.
However, the children placed with parents or one of the parents
having Indian origin would be considered as given in in-country
adoption.
4.24 It
is only where a VCA does not exist or no Indian family comes
forward to take a child in adoption within a maximum period
of two months, that the child should be regarded as available
for inter-country adoption. However, if the child is handicapped
or is a sibling or above 6 years of age, the procedure of
obtaining VCA clearance need not be followed and the child
should be regarded as available for inter-country adoption
without the waiting period of two months. In other cases also,
if the child is in bad state of health, needing urgent medical
attention which it is not possible for the social or child
welfare agency looking after the child to provide within the
country the agency need not wait for the period of two months
but after obtaining a medical certificate from a medical specialist
in a Government hospital stating the need for urgent treatment
and also that the child will be able to withstand the journey,
get VCA clearance and process the case for inter-country adoption.
However, in the case of surrendered children, the three months
time for reconsideration should always be adhered to.
4.25 A
child should be offered in inter-country adoption by a recognized
Indian agency only on receipt of a no objection certificate
from the VCA except in the cases mentioned in paragraphs 4.5
and 4.24 above. If it has not been possible to find suitable
Indian parents for taking a child in adoption within the period
of two months specified in paragraph 4.23 VCA shall issue
a no-objection certificate.
4.26 In
completing formalities for adoption guardianship all the procedures
as laid down by Central Government/CARA should be followed.
Documentary proof of age, marriage, income, health, property
and savings of prospective parents, letter of acceptance accepting
a particular child alongwith countersigned child study report,
medical report and photograph of the prospective parents/agency
consent and power of Attorney in the name of the functionary
of the Indian Agency, should be taken. A Home Study Report
prepared by or under the supervision of a professionally trained
social worker should be taken into account. Photographs of
prospective parents should also be kept on record.
4.27 Pending
completion of formal adoption/guardianship proceedings, the
child may be placed with prospective adoptive parents in foster
care in the case of Indian parents living in India.
Placement
of Handicapped Children
4.28 The
placement of handicapped children and children with deficiencies
may be considered as a plus point in evaluating the performance.
Transfer
of Children
4.29 All
children transferred to the recognized placement agency (recognized
by Government of India) from an unrecognized agency, whether
within the State or from outside, should be in the physical
custody of the recognized agency for a period of not less
than one month before any action for the placement of the
child abroad is taken.
4.30 Transfer
of the child should be accompanied by available documents
pertaining to its admission, preliminary case history, documentary
evidence to prove that the child is legally free for adoption,
and a letter of transfer. The recognized placement agency
should verify all the facts before accepting the child, as
they are legally responsible for the placement.
4.31 Attempts
to find adoptive parents for children who are legally free
for placement may be made by the child welfare agency, which
has first received the child, either directly or through an
unrecognized agency or through the VCA.
4.32 In
the case of inter-state transfer of children, children may
be transferred by the recognized Indian agency to any of its
designated branches, provided that it is done with the written
consent and permission of the Social Welfare Department/Magistrate/Collector,
as is relevant to the case - The nearest VCA should also be
informed.
Follow-up
4.33 The
follow-up of children placed within the country will be as
follows:
(i)
If any pre-placement foster care is effected, there should
be regular monitoring and evaluation of the foster care.
A professionally trained social worker should visit the
family regularly.
(ii)
The follow-up format should be completed and forwarded by
the recognized placement agency concerned every six months
to VCA, the State Government and the Central Adoption Resource
Agency.
(iii)
The agency should see that legal adoption is effected at
the earliest, thereby safeguarding the interest of the child.
(iv)
Even after legal adoption, the agency should keep in touch
with the family for a period of three years.
(v)
Post-adoptive counseling should be provided by the agency
to the adoptive parents.
Records
4.34 The
following records and registers should be maintained by every
recognized Indian placement agency.
(i)
Admission register.
(ii)
A separate file on each child in the prescribed format,
giving full details/history. Relevant, legal documents of
every adoption and Childs background/history should be maintained
at least for a period of 18 years for future reference.
(iii)
Register of prospective adoptive parents with details.
(iv)
Register of children showing their arrival, departure, admittance
into hospitals, return to their parents and death, if any.
(v)
Follow-up register of children placed with adoptive family
prior to legal placement and after legal placement.
(vi)
Quarterly reports in the prescribed format as forwarded
to the State Government, Central Adoption Resource Agency
and VCA.
(vii)
The annual report of the organization together with the
necessary details and statistics in the prescribed format
as forwarded to the State Government, the Central Adoption
Resource Agency and VCA.
(viii)
Audited statement of accounts, together with a copy of FCRA
account submitted to the Home Ministry, as forwarded to
the State Government and CARA.
(ix)
Other records stipulated under the Societies Registration
Act, 1860 or the relevant State Law relating to public trusts.
Recovery
of Costs
4.35 The
organization shall pursue only non-profit objectives. Under
no circumstances should it derive improper financial gain
from any activity related to inter-country or in-country adoption.
It may, however, receive reimbursement or other payment for
direct or indirect costs and actual expenses.
4.36 For
in-country adoption, the following charges may be recovered
by the agency from the adoptive parents, if the agency deems
it necessary:
(i)
Maintenance cost as fixed by the Court from time to time,
from the date the child has been approved and accepted by
the Indian parent/parents to the date of departure from
the institution.
(ii)
Such out of pocket cost, administrative cost and service
charges for preparation of child study, medical and IQ reports,
legal expenses and conveyance etc., as may be fixed by the
court from time to time.
4.37 The
maximum amount to be charged by any agency from Indian parents
as reimbursement of maintenance expenses shall be fixed by
the court.
4.38 For
inter-country adoption the following costs may be recovered
by the agency from the foreign adoptive parents:
(i)
Cost of any surgical or medical treatment of the child against
production of bills or vouchers duly certified.
(ii)
The Indian placement agency processing the application of
a foreigner for being appointed guardian of a child with
a view to its eventual adoption, should be entitled to recover
from the foreigner, cost incurred in preparing and filing
the application and processing it in court including legal
expenses, administrative expenses, preparation of child
study report, preparation of medical and reports, passport
and visa expenses and conveyance expenses and that such
expenses may be fixed by the court at a figure not exceeding
Rs. 6,000. Any increase in maximum recoverable expenses
in this regard would be done only with the approval of the
Supreme Court of India. In so far as the maintenance or
medical expenses incurred by the recognized placement agencies
running homes for children is concerned, they are entitled
to receive reimbursement of such maintenance or medical
expenses from the foreigner taking the child in adoption
at a figure not more than Rs. 78 per day per child from
the date of selection of the child by the adoptive parents
until the child is taken by the adoptive parents after they
are appointed as guardians. This outer limit of recoverable
expenses may be reviewed by the Ministry of Welfare, Government
of India once in three years depending on escalation of
the expenses including cost of living.
(iii)
Cost of travel of the child from India to the receiving
country and the cost of an escort, if the foreign recognized
agency is unable to provide the escort.
(iv)
In case of disruption or failure of adoption, the cost of
repatriating the child to India, if no alternative placement
for the child is effected in the foreigner's country by
the recognized foreign agency with the concurrence of the
Indian agency.
(v)
If it comes to CARA's notice that any recognized Indian
agency charges more fees than the prescribed fees or tries
to exploit financially the foreign enlisted agency, CARA
may after giving an opportunity to such agency to explain
its point of view, suspend or revoke its recognition. Similarly,
if any foreign enlisted agency induces an Indian recognized
agency by giving or offers more money than the prescribed
fees for processing a case of inter-country adoption of
an Indian child, CARA may after giving an opportunity to
such agency to explain its point of view de-enlist the foreign
agency.
Source: Embassy
of India
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