Bare ActsThe Child Adoption

Section 21

Adoption by overseas citizen of India or foreign national living in India

Amendment status not verified — confirm the current text below against the official source.

Adoption by overseas citizen of India or foreign national living in India. - (1) In case of an overseas citizen of India or foreign national, who is a citizen of a country that has ratified the Hague Convention and has been living in India for one year or more, shall apply online in prescribed format as specified in Schedule–5 along with the required documents uploaded in the Child Adoption Resource Information and Guidance System. (2) On receipt of the application, along with the required documents, the Central Adoption Resource Authority shall refer the case to a specialised adoption agency for preparing the home study report in the format given at Schedule-6 and the specialised adoption agency shall upload the home study report in the Child Adoption Resource Information and Guidance System. (3) All other procedures shall be followed as per the provisions of sub-paragraph 6 to 14 of paragraph 16 and paragraphs 17 to 19. Provided that the prospective adoptive parents may reserve one of the referred children within forty eight hours. Note: The role of the authorized foreign adoption agency or Central Authority or Government department or Indian diplomatic mission in the above referred paragraphs shall be performed by specialised adoption agency. (4) The specialised adoption agency shall report the progress of the child in the Child Adoption Resource Information and Guidance System in the format provided at Schedule – 11 along with photographs of the child on a quarterly basis during the first year and on six monthly basis in the second year from the date of pre-adoption foster care. (5) If any adjustment problem of the child with the adoptive parents comes to the notice of the specialised adoption agency, through the progress report or in course of post-adoption home visits, counselling shall be arranged for the adoptive parents and for the adoptee, wherever applicable. (6) During the follow-up, if the specialised adoption agency finds that the child is unable to adjust in the adoptive family or the continuance of the child in the adoptive family is not in the best interests of the child, it shall withdraw the child and provide necessary counselling and the specialised adoption agency shall also arrange for suitable alternate adoption or foster placement of the child, in consultation with State Adoption Resource Agency and Central Adoption Resource Authority. 76 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] (7) A no objection certificate shall be required from the concerned diplomatic mission in India in favour of the proposed adoption. (8) The concerned diplomatic mission shall also ensure that the adopted child acquires citizenship of the country of his parents immediately after adoption decree and a copy of the passport of the child from the country of the nationality of the Prospective adoptive parents shall be forwarded to Central Adoption Resource Authority and the concerned specialised adoption agency. (9) An overseas citizen of India or foreign prospective adoptive parents, as the case may be, living in India, shall give an undertaking to the effect that if they move out of India before completion of two years after adoption, they shall inform to the Central Adoption Resource Authority about their movement and provide their new address, and continue to send their post-adoption progress report to Central Adoption Resource Authority for the remaining period. (10) Such prospective adoptive parents living in India, are required to give an undertaking to the effect that they would allow personal visits of the representative by the specialized adoption agency or District Child Protection Unit or State Adoption Resource Agency, as the case may be at least for a period of two years from the date of adoption.

Section 21 – The Child Adoption | DailyLaw.ai