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Chapter
6
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
VI: ROLE OF ENLISTED FOREIGN AGENCIES FOR ADOPTION
Foreign
Agencies to Apply to India's Diplomatic Missions
6. 1
A foreign social/child welfare agency desirous of sponsoring
applications of foreign adoptive parents for adopting an Indian
child shall make an application for enlistment with CARA in
the office of India's Diplomatic Mission in that country and
only such foreign agencies enlisted for this purpose by CARA
shall undertake this activity.
Criteria
for Enlistment of Foreign Agencies
6.2 The
criteria for enlistment of foreign agencies by CARA for the
purpose of inter-country adoption are as under:-
(i)
It shall be either a part of the Government of the country
or a duly registered voluntary agency registered under the,
relevant law of the concerned country and should be recognized
by the appropriate authority of that country.
(ii)
It shall be a child welfare agency having an established
standing in this field and it must be staffed with qualified
social workers who have experience in the filed of adoption.
(iii)
The agency in question shall be run on non-commercial and
non-profitable basis. The foreign agency should be asked
to submit a report and audited statement of accounts of
their operations in India.
(iv)
An undertaking by the enlisted foreign agency that in case
of disruption of the foreigner's family before adoption
is effected or in case the child is not properly looked
after or is mal-treated or abused in the adoptive family,
it will take care of the child under intimation to the Indian
Diplomatic Mission, the Central Adoption Resource Agency,
Ministry of Welfare and the concerned Indian recognized
placement agency and try to find suitable alternative placement
for the child with the concurrence of the recognized placement
agency which processed the case and report such alternative
placement to the Indian Court which made the order for guardianship
and also to CARA.
(v)
The Head/Chief Executive of the Organization should be willing
to sign a written undertaking to follow the guidelines laid
down by the CARA for observance by the enlisted foreign
agencies. The enlisted foreign agencies should send to CARA
a list of the Indian agencies with whom they have contacts
and working relations or with whom they prepare to have
working relations or with whom they prepare to have working
relationship.
Procedure
for Enlistment
6.3
(i) A foreign social/child welfare agency desirous of sponsoring
applications of foreign adoptive parents for adopting Indian
children shall apply for enlistment by CARA, through the
office of India's Diplomatic Mission and the Government
of the country where it is located.
(ii)
On the recommendation of India's Diplomatic Mission in the
country concerned, CARA shall examine the application and
consider the agency concerned for recognition provided it
fulfils the criteria stated in paragraph 6.2 above.
Renewal
of Enlistment
6.4
(i) A foreign agency engaged in inter-country adoption would
be enlisted by CARA initially for a period of five years.
Enlistment would be renewable for five years at a time in
case of satisfactory performance subject to conditions laid
down in these guidelines.
(ii)
CARA will take the following factors into consideration
while granting renewal of enlistment provided an application
for renewal is received through the proper channel at least
six months before the expiry of the previous recognition.
(a)
Whether the agency is still recognized by the appropriate
authority of the country in which it is based.
(b)
Whether the agency has been regular in the submission
of progress reports of the children placed by them in
adoption.
(c)
Whether the general performance of the agency is satisfactory
and whether the children placed by them are making satisfactory
progress.
(d)
Whether Government of India's Diplomatic Mission in
the country concerned has recommended the case for renewal.
Renewal
of enlistment may, however, be denied at the discretion of
CARA for valid or legitimate reasons but CARA shall not be
bound to disclose such reasons.
De-enlistment
6.5 The
Central Adoption Resource Agency, Ministry of Welfare, Government
of India, may at any time de-enlist any enlisted foreign agency
for adoption for valid or legitimate reasons shall not be
bound to disclose the same. However, if at the time of de-enlistment
there is any case under process that would be allowed to be
completed.
6.6 When
the Court makes an order appointing adoptive parents as the
guardians of the child, the order shall contain an undertaking
of the adoptive parents that they shall protect and safeguard
the best interest of the child and that the child would be
legally adopted in the receiving State not later than two
years from the date of the order and that on such adoption
in the receiving State, subject to the laws of the country
the child would have all rights of a natural born child.
Rights
of the Child Taken Abroad
6.7 On
adoption of the child by the foreign parent according to the
law of his/her country, it is presumed that subject to the
laws of the land the child would acquire the same status as
a natural born child within wedlock with the same rights of
inheritance and succession and the same nationality as the
foreign parent adopting the child.
6.8 Where
the child is not legally adopted by the adoptive parents in
the receiving State within two years from the date of order
of the Court in India appointing the adoptive parents as guardians
either on account of disruption in the family or on account
of the adoptive parents failing to get adjusted to the behavior
of the child or otherwise, the foreign agency which has processed
the adoption of the child in the receiving State should immediately
withdraw the child from the adoptive parents and keep the
child in its custody and care and find out new adoptive parents
for placement of the child in adoption as soon as possible.
The foreign agency shall give an undertaking to this effect
to the Court processing the case -in India.
6.9 All
enlisted foreign agencies shall send a copy of their annual
report to CARA every year.
6. 10
The foreign agency shall with reference to every child placed
by it send follow-up reports through India's Diplomatic Mission
abroad with photographs of the child on a quarterly basis
for the first two years and on a half-yearly basis for the
next three years to CARA and to the Court that awarded the
guardianship in India and to the Indian placement agency concerned.
The foreign enlisted agency shall send a photo album of the
children alongwith their adoptive parents to CARA once in
a year.
6. 11
The enlisted foreign agency will forward a copy of the legal
adoption order of the appropriate authority in that country
as soon as it is made to the Central Adoption Resource Agency,
the Court which awarded the guardianship and to the Indian
agency concerned.
6.12
Even after the adoption is legalized, the enlisted foreign
agency should maintain contact with the adoptive family in
keeping with the need of privacy of the adoptive family and
provide support and counseling services, if necessary and
safeguard the interest of the child till such time as he/she
attains majority.
6.13
The enlisted foreign agency should help the Indian Diplomatic
Mission in its country to arrange get-togethers of adopted
children of Indian original and their adoptive families for
exposing them to the culture of India. These get-togethers
may be organized at the time of national occasions like 15th
August, 14th November, 2nd October and 26th January etc. CARA
may on some occasions participate in these get-togethers in
order to know the feedback on progress of the adopted child.
6.14
The enlisted foreign agencies cannot employ their representatives
in India for any kind of activities relating to intercountry
adoption.
Source: Embassy
of India
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