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Chapter
8
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 VII: Scrutinizing
Agency
8. 1
It is open to the Court looking into the matter of appointment
of guardian under the Guardians and Wards Act, 1890 in exercise
of its powers under Section 11 to appoint any independent,
reputed Social or Child Welfare Agency, as a Scrutiny Agency
for scrutinizing an application from prospective adoptive
parents for adoption of a child. The agency must be a body
of experts in the field of ChildCare and Welfare, not itself
involved in any manner in the placement of children in adoption.
At present there are two scrutinizing agencies, namely, Indian
Council for Social Welfare and Indian Council of Child Welfare
being appointed by the Court. The Court may be requested to
appoint any other eligible child or social welfare agency
as scrutinizing agency, which preferably meets the eligibility
criteria as laid down by CARA.
Procedure
for Recognition
8.2 CARA
shall maintain a panel of agencies, which according to it
can satisfactorily perform the functions of a scrutinizing
agency. The procedure to be adopted for recognition of an
agency as scrutinizing agency other than Indian Council for
Child Welfare (ICCW) and Indian Council of Social Welfare
(ICSW) will be as follows: -
(i)
the agency should apply to CARA for recognition as a scrutinizing
agency.
(ii)
The agency should fulfil all the criteria laid down by CARA
for recognition as scrutinizing agency.
(iii)
CARA may seek such information as may be necessary from
the scrutinizing agency regarding its bona fides and performance
on the basis of such report issue a recognition certificate.
(iv)
A scrutinizing agency would be recognized initially for
a period of three years, renewable as per the procedure
given in these guidelines.
Criteria
for Recognition
8.3
(i) The agency should be an independent, reputed social
child welfare agency.
(ii)
The agency must be a body of experts in the field of childcare
and welfare
(iii)
The agency should not be involved in the placement of children
in adoption.
(iv)
It should be a society registered under the Societies Registration
Act, 1860.
(v)
All the office bearers should be Indian nationals.
(vi)
The agency should run on a non-commercial and non profitable
basis.
Renewal
of Recognition
8.3 (a)
Every recognized scrutinizing agency should apply for renewal
of recognition, 6 months prior to the date of expiry of the
previous recognition. If the performance of the scrutinizing
agency has been found satisfactory and there are no adverse
reports from any court or the State Government concerned and
also if any reports or returns asked for by CARA are submitted
by it regularly without delay, recognition may be renewed
from time to time but each time only for a period of 3 years.
Saving
Clause
8.4 Any
scrutinizing agency may be de-recognized by CARA at any time
following reports of malpractice from and State Government
or any Court, after giving the agency an opportunity to place
its case before CARA.
Functioning
of Scrutinizing Agency
8.5 It
shall be incumbent upon every scrutinizing agency to perform
the following functions: -
(1) To
scrutinize the following documents:
(i)
Application for guardianship/adoption made on behalf of
the prospective adoptive foreign parents.
(ii)
Home Study Report.
(iii)Child
Study Report.
(iv)
Any other documents/certificates attached with the application.
(2) To
ensure that the application or copy of the application, as
the case may be, has been duly forwarded by a foreign agency
to CARA.
(3) To
ensure that before a child is placed in guardianship with
a foreign adoptive parents, a no objection certificate has
been obtained from the concerned VCA.
(4) To
satisfy itself that the child in question is legally free
for adoption.
(5) To
see the child in person and to check that the information
given to prospective adoptive parents regarding the child
is correct. In case of any change in the medical/physical
status of the child, the scrutinizing agency should ensure
that the information of the change is given to the prospective
adoptive parents and their consent obtained before a final
order is passed by the court concerned.
(6) To
satisfy itself that the prospective adoptive parents/guardians
are fit persons for adopting the child in question.
(7) To
ensure that the adoption would be in the best interest of
the child.
(8) To
assist the court in ascertaining whether the child has been
voluntarily surrendered by the biological parents/parent.
(9) To
ensure and satisfy itself that no one, including Indian as
well as foreign agencies concerned are making any profit out
of the adoption in question.
(10)
To verify, in case of older children, the child's own views
regarding the adoption. This may be reported to CARA immediately.
(11)
To ascertain, as far as possible, as to what are the laws
regarding adoption of foreign children in the country of the
prospective adoptive parents and there is a reasonable assurance
that the child would be adopted within the minimum possible
period but in any case within a period not exceeding two years.
(12)
To ensure that all the precautionary measures are taken before
the handicapped, sibling, older age and other special needs
children are placed to a family who are really interested
in such children.
8.6 The
scrutinizing agency will submit the report to CARA once every
six months of all the cases it has scrutinized.
8.7 In
case of any difference between scrutiny agency and placement
agency in regard to placing of a child or matching of the
child with the prospective adoptive parents or any other related
issues, the scrutiny agency may refer it to CARA for consideration.
The decision of CARA on such cases shall be final.
Scrutinizing
Charges
8.8 Whenever
an Indian parent makes an application for appointing himself
or herself as guardians of a child or a Hindu parent applies
for permission to adopt a child and, if the case is referred
to it by the court, the scrutinizing agency may charge such
amount of expenses upto Rs. 150 as directed by the court unless
a higher amount is awarded by the court.
When
a foreign agency makes an application for guardianship, the
scrutinizing agency may charge from the Indian agency an amount
as directed by the Court varying between Rs. 450 and Rs. 500,
for actual expenditure incurred and the concerned Indian agency
shall have the right to recover such amount from the foreign
parents whose application for guardianship it has processed.
This amount may exceed Rs. 500 if the court concerned specifically
orders the actual incremental amount to be paid for the specific
work done.
Source: Embassy
of India
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